N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 321: Hearing of refusal or revocation of license

§ 321. Hearing of refusal or revocation of license. If the commission

refuses to grant a license applied for under sections two hundred

twenty-two through seven hundred five of this chapter, or revokes or

suspends such a license granted by it, or imposes a monetary fine upon a

participant in harness racing the applicant or licensee or party fined

may demand, within ten days after notice of such act of the commission,

a hearing before the commission and the commission shall give prompt

notice of a time and place for such hearing at which the commission will

hear such applicant or licensee or party fined in reference thereto.

Pending such hearing and final determination, the action of the

commission in refusing to grant or in revoking or suspending a license

or in imposing a monetary fine shall remain in full force and effect.

The commission may continue such hearing from time to time for the

convenience of any of the parties. Any of the parties affected by such

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

represented by the attorney general, a deputy attorney general or its

counsel. 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 attendance of witnesses,

and the production of all material and relevant 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 or

officers, 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 the conclusion of

such hearing, the commission shall make a final order in writing,

setting forth the reasons for the action taken by it and a copy thereof

shall be served on such applicant or licensee or party fined, as the

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

or in revoking or suspending a license or in imposing a monetary fine

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.