Gaming Commission

 

The New York State Gaming Commission ("Commission") conducted a hearing in this matter pursuant to Racing, Pari-Mutuel Wagering and Breeding Law (“RWL”) § 321, Article 3 of the State Administrative Procedure Act and 9 NYCRR Part 4550 at the request of Richard Banca (“Respondent”), after the Commission refused Respondent’s application to renew his license to participate in harness racing in New York State (Notice MO 188-2020) pursuant to RWL § 309(2) and 9 NYCRR § 4119.7(b) because the Commission found that Respondent’s experience, character and general fitness are such that Respondent’s participation in racing or related activities in the State of New York is inconsistent with the public interest, convenience or necessity or with the best interest of racing generally. The hearing was held to determine two issues:

(1) if Respondent’s June 18, 2021, request for hearing was untimely and

(2) if Respondent’s experience, character, and general fitness support a refusal to issue a license.

Respondent received proper notice and appeared at a hearing on September 15, 2021.

The Hearing Officer rendered a Report and Recommendation on November 25, 2021, which is attached and incorporated herein.

The Commission met on February 28, 2022, and after consideration and due deliberation of the entire record, adopted the Hearing Officer’s findings of fact and conclusions of law.

THEREFORE, based upon the entire record (including, without limitation, the evidence specifically relied upon by the Hearing Officer), the report of the Hearing Officer, and the findings and conclusions adopted by the Commission, it is hereby

ORDERED, that Respondent’s request for a hearing was timely, but that Respondent’s experience, character, and general fitness support a refusal to issue a license to participate in harness racing in New York State, and therefore, Respondent’s application to renew Respondent’s license to participate in harness racing in New York State is refused.  

         FOR THE NEW YORK STATE