§ 115 — Regulatory fees

§ 115. Regulatory fees. 1. Payment of the regulatory fees imposed by\nthis chapter shall be made to the commission by each entity required to\nmake such payments on the last business day of each month and shall\ncover the fees due for the period from the sixteenth day of the\npreceding month through the fifteenth day of the current month, provided\nhowever that all such payments required to be made on March thirty-first\nshall include all fees due and accruing through the last full week of\nracing of the current year or as otherwise determined by the commission\nand shall be accompanied by a report under oath, showing such\ninformation as the commission may require. A penalty of five percent,\nand interest at the rate of one percent per month from the date the\nreport is required to be filed to the date of the payment of the fee\nshall be payable in case any fee imposed by this chapter is not paid\nwhen due. If the commission determines that any regulatory fees received\nby it under this chapter were paid in error, the commission may cause\nthe same to be refunded without interest out of any monies collected\nthereunder, provided an application therefor is filed with the\ncommission within one year from the time the erroneous payment is made.\n 2. The commission or its duly authorized representatives shall have\nthe power to examine or cause to be examined the books and records of\neach entity required to pay the regulatory fee imposed by this chapter\nfor the purpose of examining and checking the same and ascertaining\nwhether or not the proper amount or amounts due are being paid. If in\nthe opinion of the commission, after such examination, any such report\nis incorrect, the commission is authorized to issue an assessment fixing\nthe correct amount of such fee. Such assessments may be issued within\nthree years from the filing of any report. Any such assessment shall be\nfinal and conclusive unless an application for a hearing is filed by the\nreporting entity within thirty days of the assessment. The action of the\ncommission in making such final assessment shall be reviewable in the\nsupreme court in the manner provided by and subject to the provisions of\narticle seventy-eight of the civil practice law and rules.\n 3. The commission shall submit to the director of the budget an annual\nplan that details the amount of money the commission deems necessary to\nmaintain the operations, compliance and enforcement of the provisions of\nthis chapter. Contingent upon approval of the director of the budget,\nthe commission shall pay into an account, to be known as the racing\nregulation account, under the joint custody of the comptroller and the\ncommission, the total amount of the regulatory fees collected pursuant\nto this chapter. With the approval of the director of the budget, monies\nto be utilized to maintain the operations necessary to implement the\nprovisions of this chapter shall be paid out of such account on the\naudit and warrant of the comptroller on vouchers certified and approved\nby the director of the budget or his duly designated official.\n