N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 232: License to conduct pari-mutuel betting at race meetings for running races or steeplechases

§ 232. License to conduct pari-mutuel betting at race meetings for

running races or steeplechases. 1. Any corporation, at the time of

making application to the commission for a license to conduct a race

course or a race meeting for running races or steeplechases, or at such

subsequent time as the commission may permit, may apply to such

commission for a license to conduct at such race meeting pari-mutuel

betting on the races to be run thereat. The commission may prescribe the

form in which such application shall be made and the information to be

furnished by such corporation. If the commission is satisfied from such

application, or from other sources of information, that the racetrack of

such corporation for which such application is made has facilities and

equipment sufficient to accommodate its probable number of patrons, the

commission shall issue to such corporation a license to conduct

pari-mutuel betting in the manner and subject to the conditions

prescribed by this chapter, at the racetrack described in such license

on the days specified in such license.

2. The refusal of an application for such license shall be preceded by

notice and an opportunity to be heard. 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. Such hearing may be presided over

by the chair of the commission or by any member or by an officer of the

commission designated by the chair in writing to act as hearing officer

and such person or persons may issue subpoenas for witnesses and

administer oaths to witnesses. The hearing officer, at the conclusion of

the hearing shall make findings which, if concurred in by a majority of

the commission, shall become the findings of the commission. The action

of the commission in refusing a 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.