N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1004: Suspension of simulcast licenses

§ 1004. Suspension of simulcast licenses. 1. The commission may

suspend any license authorizing the operation of a facility as a

simulcast facility, granted to an operator, if such operator fails to

conduct operations in accordance with the provisions of the plan of

operation, with the applicable rules of the commission or with the

provisions of this article.

2. If the commission determines to suspend any license to operate a

simulcast facility, the commission shall give the operator involved

notice of the time and plan for a hearing before the commission at which

the commission will hear such operator in reference thereto. The

commission may continue such hearing from time to time for the

convenience of all parties. Any of the parties affected by such hearing

may be represented by counsel, and the commission may be represented by

its own counsel or by the attorney general. In the conduct of such

hearing the commission shall not be bound by technical rules of

evidence, but all evidence offered before the commission shall be

reduced to writing, and such evidence together with the exhibits, if

any, and the findings of the commission shall be permanently preserved

and shall constitute the record of the commission in such case. The

commission may by order, if occasion shall require, refer to one or more

of its members or officers the duty of taking testimony in such matter

and to report thereon to the commission, but no determination shall be

made thereon except by the commission. Within thirty days after such

hearing, the commission shall make a final determination. If the

commission determines that such license be suspended, the commission

shall make an order accordingly, and shall cause such order to be

entered on its minutes and a copy thereof served on such operator. The

action of the commission in suspending such license shall be reviewable

in the supreme court in the manner provided by the provisions of article

seventy-eight of the civil practice law and rules.

3. The commission may immediately suspend any license to operate a

simulcast facility for a reason set forth in subdivision one of this

section as of the delivery to the affected operator of the notice of

hearing required by subdivision two of this section pending final

determination of the commission following the hearing. Such emergency

suspension shall be followed by a hearing as provided in subdivision two

of this section within twenty days following suspension.