Gaming Commission

REFER TO FINDINGS AND ORDER 370-2015 FOR PENALTY ONE YEAR SUSPENSION EFFECTIVE DATE OF HEARING OFFICERS REPORT.

 

PLEASE TAKE NOTICE that the occupational licenses of you, Ben S. Joseph, to participate in pari-mutuel thoroughbred racing as an owner, assistant trainer, exercise rider or otherwise are hereby SUSPENDED IMMEDIATELY pending the disposition by the New York State Gaming Commission (“Commission”) of the scheduled hearing before the Commission, or if you refuse such hearing or default in appearing, SUSPENDED until such time as the Commission in its discretion takes further action, including but not limited to license suspension or revocation.

 

YOU ARE FURTHER NOTIFIED that a hearing in this matter will be held at 10:00 am on Wednesday, December 9, 2015, at Commission offices located at One Broadway Center, Suite 600, Schenectady, New York, at which time you may be represented by counsel and present evidence and arguments on your own behalf.

 

This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") §§ 220, 245 and 250; 9 NYCRR §§ 4002.8, 4002.9, 4042.5, and State Administrative Procedure Act § 401, upon a finding of the Commission that the public safety and welfare imperatively require this emergency action due to the nature of the violation and the need to assure the integrity of racing conducted, as well as the safety of the participants and to protect the public safety and welfare, and that, under the present circumstances you lack the general character and fitness for continued participation in pari-mutuel racing, and your continued participation in pari-mutuel racing is presently inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, based upon the circumstances and charges stated more particularly hereinafter.  

 

The disposition of these matters may result in the revocation or suspension of your license, your exclusion from all racetracks in New York State, and the imposition of fines.  In particular, at the scheduled and any adjourned dates of your hearing you are notified to show cause why, pursuant to Racing Law §§ 220 and 250, Article 3 of the State Administrative Procedure Act, and Part 4550 of 9 NYCRR, the Commission should not fine you in an amount not exceeding $25,000 per violation, suspend and/or revoke your license(s) to participate in pari-mutuel racing and exclude you from all New York State racetracks whether as a licensee, participant, or patron pursuant to Section 220(2) of the Racing Law and the applicable Commission rules at 9 NYCRR, in that:

 

1. On November 27, 2015, while on the grounds of a licensed or franchised track, you, as a person licensed by the Commission, tested positive for the presence of cocaine and marijuana in your body, in violation of 9 NYCRR 4042.5;
2. Your character and general fitness are such, based on the foregoing and your history of rule violations,  that your participation in pari-mutuel racing is inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, contrary to Racing Law § 220(2) and 9 NYCRR §§ 4002.8 and 4002.9;

 

You should be excluded from all New York race tracks whether as a licensee, participant, or patron, based on the foregoing, because your conduct at a race track in New York and elsewhere has been detrimental to the best interests of racing and you are guilty of improper, corrupt and fraudulent acts and practices in relation to racing, in violation of Racing Law § 220(2) and 9 NYCRR §§ 4022.12 and 4042.1(f); and

 

PLEASE TAKE NOTICE that the hearing will be conducted pursuant to Section 245 of the Racing Law, Article 3 of the State Administrative Procedure Act, and Part 4550 of 9 NYCRR.

 

PLEASE TAKE NOTICE that you may be represented by counsel, cross-examine witnesses, and present evidence and arguments on your own behalf. Interpreter services will be made available to deaf persons and people who are not English language proficient at no charge but should be requested in writing at least one week before the hearing date, or as soon as reasonably possible. You are responsible to deliver this Notice of Hearing to your attorney, if you have or retain one. This shall be a de novo hearing that may result in the imposition of any legally available penalty including a license suspension or revocation and a fine not to exceed $25,000.

 

PLEASE TAKE NOTICE TAKE NOTICE that unless you object before the hearing date, the Commission may conduct your hearing using live video conferencing that allows you and each other witness to participate and testify from another location that might be more convenient. To object to live video conferencing, you must contact the hearing officer with concurrent notice to the assigned counsel. The Hearing Officer will determine, after an opportunity for the parties to be heard, whether or not to use live video conferencing. If you choose to participate in your hearing through video conferencing, then you are responsible to be sure that a copy of any physical evidence that you may want to use during testimony or introduce into evidence has been delivered to opposing counsel and the Hearing Officer before the hearing, and that the Hearing Officer is afforded an opportunity to examine any original of such evidence that you may want to introduce into evidence.

 

PLEASE TAKE NOTICE that the hearing may be adjourned at the                                                      discretion of the Hearing Officer for good cause shown upon the request of any party. Requests for adjournments must be submitted as soon as reasonably possible. Absent a serious emergency matter, no requests for adjournments, except for the initial hearing date of December 9 2015, will be granted within two business days of the scheduled hearing date. To request an adjournment, you must contact the hearing officer at mhoblock@gmail.com, with concurrent notice to the assigned counsel at mark.stuart@gaming.ny.gov, as soon as possible. Requests for adjournments must be in writing and, after the opposing party has an opportunity to be heard regarding a request for adjournment, approved by the Hearing Officer. If you fail to appear at the hearing, then you will be in default, any appeal you filed and request that you made for a hearing may be deemed withdrawn, and the Commission may proceed in your absence with the hearing. Adjournments on consent of all parties are subject to the approval of the Hearing Officer.

 

PLEASE TAKE FURTHER NOTICE that, if you do not appear at the hearing and have not been granted an adjournment, then the hearing shall take place as scheduled and a decision, including by default, shall be made on the charges. The decision may result in fines, not to exceed $25,000 for each violation, imposed against you; the suspension or revocation of your occupational license(s); and the expulsion of you from all pari-mutuel race tracks in New York State.