N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 420: Hearing of refusal or revocation of license

§ 420. 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 license granted by it, or imposes a monetary fine upon a

participant in quarter horse racing, then 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 of such

matter, 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 and subject to the provisions of article seventy-eight of

the civil practice law and rules.