Gaming Commission Rulings Database
| Licensee: STEPHEN S. FOSTER |
| Licensed As: RACING OFFICIAL |
| Notice Number: MO 47-2017 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 09/27/2017 |
| Status: CLOSED |
| Ruling Type: Finding & Order |
| Rule(s): 4042.1(f) |
| Ruling Text: ****FINDINGS AND ORDER***
THE NEW YORK STATE GAMING COMMISSION (“Commission”) conducted a hearing pursuant to Section 220(3) of the Racing, Pari-Mutuel Wagering and Breeding Law (Racing Law), Article 3 of the State Administrative Procedure Act and 9 NYCRR, Part 4550, to determine whether the license of Respondent Stephen S. Foster to participate in Thoroughbred racing in New York State should be suspended or revoked and whether he should be fined an amount not exceeding $25,000 per violation because his experience, character and general fitness are such that his participation in racing is inconsistent with the public interest, convenience or necessity and with the best interest of racing generally pursuant to Section §220(2) of the Racing, Pari-Mutuel Wagering and Breeding Law (“Racing Law”). The Commission initiated the hearing by serving a Notice of Hearing on Respondent alleging that in his official capacity as a racing official employed by New York Racing Association from September 2014 until April 1, 2015, the Respondent, inter alia, committed improper acts by unlawfully providing his password for the NYRA InCompass computer system to another person and by accepting money from such person, in violation of 9 NYCRR § 4042.1(f). The Respondent received proper notice, appeared personally, and participated in a hearing conducted on June 20, 2017. The Hearing Officer rendered his report on August 6, 2017, which is attached hereto and incorporated herein.
THE COMMISSION, after due deliberation, having met on September 25, 2017, adopts the Hearing Officer’s findings of facts and conclusions of law with regard to the conduct of Respondent but, based upon the severity of the misconduct and the relation of the misconduct to integrity in racing, modifies the recommended license penalty of Respondent from a suspension for six months to a revocation and ineligibility to reapply for a license for a period of 10 years, pursuant to Racing Law Section § 220(2) and 9 NYCRR §§ 4002.8, 4002.9, and § 4042.1(f).
THEREFORE, upon the record, the Report of the Hearing Officer and the findings and conclusions adopted herein and the foregoing; it is hereby
ORDERED, that Respondent Stephen S. Foster engaged in improper acts in relation to racing, in that, in his official capacity as a racing official employed by The New York Racing Association, Inc. (NYRA) from September 2014 until April 1, 2015, he unlawfully provided his password for the NYRA InCompass computer system to a licensed jockey agent and accepted money from such person, in violation of 9 NYCRR § 4042.1(f).
ORDERED, that pursuant to Racing Law § 220(2) and 9 NYCRR §§ 4002.8 and 4002.9, Respondent is fined $1,000, his license to participate in Thoroughbred racing in New York State is revoked, and he is restricted from applying for a new license for a period of no less than 10 years. |
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