N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 245: Hearing on refusal or revocation of license or franchise

§ 245. Hearing on refusal or revocation of license or franchise. If

the commission refuses to grant a license applied for under this

article, or determines to revoke such a license granted by it or a

franchise pursuant to sections two hundred twelve and two hundred

forty-four of this article, the commission shall give to the applicant

or licensee notice of a time and place for a hearing before the

commission, at which the commission will hear such applicant, licensee

or franchise corporation 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 the attorney

general or an assistant 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. In connection with such

hearing, each member of the commission shall have the power to

administer oaths and examine witnesses, and may issue subpoenas to

compel the attendance of witnesses, and the production of all necessary

reports, books, papers, documents, correspondence and other evidence.

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

more of its members, the duty of taking testimony in such matter, and to

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

therein except by the commission. Within thirty days after such hearing,

the commission shall make a final determination. If the commission

determines that such license shall not be granted, or that a license

issued by the commission shall be revoked, or a franchise revoked

pursuant to sections two hundred twelve and two hundred forty-four of

this article, the commission shall make an order accordingly, and shall

cause such order to be entered on the commission's minutes and a copy

thereof served on such applicant, licensee or franchised corporation, as

the case may be. The action of the commission in refusing to grant a

license, or in revoking a license, or in revoking a franchise pursuant

to sections two hundred twelve and two hundred forty-four of this

article, 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.