N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 245
Hearing on refusal or revocation of license or franchise
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2021
As of January 1, 2015
§ 245. Hearing on refusal or revocation of license or franchise. If\nthe state racing and wagering board shall refuse to grant a license\napplied for under this chapter, or shall determine to revoke such a\nlicense granted by it or a franchise pursuant to sections two hundred\ntwelve and two hundred forty-four of this article, the board shall give\nto the applicant or licensee notice of a time and place for a hearing\nbefore the board, at which the board will hear such applicant, licensee\nor franchise corporation in reference thereto. The board may continue\nsuch hearing from time to time for the convenience of all parties. Any\nof the parties affected by such hearing may be represented by counsel,\nand the board may be represented by the attorney general or an assistant\nattorney general. In the conduct of such hearing the board shall not be\nbound by technical rules of evidence, but all evidence offered before\nthe board shall be reduced to writing, and such evidence together with\nthe exhibits, if any, and the findings of the board, shall be\npermanently preserved and shall constitute the record of the board in\nsuch case. In connection with such hearing, each member of the board\nshall have the power to administer oaths and examine witnesses, and may\nissue subpoenas to compel the attendance of witnesses, and the\nproduction of all necessary reports, books, papers, documents,\ncorrespondence and other evidence. The board may, if occasion shall\nrequire, by order, refer to one or more of its members, the duty of\ntaking testimony in such matter, and to report thereon to the board, but\nno determination shall be made therein except by the board. Within\nthirty days after such hearing, the board shall make a final\ndetermination. If it determines that such license shall not be granted,\nor that a license issued by it shall be revoked, or a franchise revoked\npursuant to sections two hundred twelve and two hundred forty-four of\nthis article, it shall make an order accordingly, and shall cause such\norder to be entered on its minutes and a copy thereof served on such\napplicant, licensee or franchised corporation, as the case may be. The\naction of the board in refusing to grant a license, or in revoking a\nlicense, or in revoking a franchise pursuant to sections two hundred\ntwelve and two hundred forty-four of this article, shall be reviewable\nin the supreme court in the manner provided by the provisions of article\nseventy-eight of the civil practice law and rules.\n
§ 245. Hearing on refusal or revocation of license or franchise. If\nthe commission refuses to grant a license applied for under this\narticle, or determines to revoke such a license granted by it or a\nfranchise pursuant to sections two hundred twelve and two hundred\nforty-four of this article, the commission shall give to the applicant\nor licensee notice of a time and place for a hearing before the\ncommission, at which the commission will hear such applicant, licensee\nor franchise corporation in reference thereto. The commission may\ncontinue such hearing from time to time for the convenience of all\nparties. Any of the parties affected by such hearing may be represented\nby counsel, and the commission may be represented by the attorney\ngeneral or an assistant attorney general. In the conduct of such hearing\nthe commission shall not be bound by technical rules of evidence, but\nall evidence offered before the commission shall be reduced to writing,\nand such evidence together with the exhibits, if any, and the findings\nof the commission, shall be permanently preserved and shall constitute\nthe record of the commission in such case. In connection with such\nhearing, each member of the commission shall have the power to\nadminister oaths and examine witnesses, and may issue subpoenas to\ncompel the attendance of witnesses, and the production of all necessary\nreports, books, papers, documents, correspondence and other evidence.\nThe commission may, if occasion shall require, by order, refer to one or\nmore of its members, the duty of taking testimony in such matter, and to\nreport thereon to the commission, but no determination shall be made\ntherein except by the commission. Within thirty days after such hearing,\nthe commission shall make a final determination. If the commission\ndetermines that such license shall not be granted, or that a license\nissued by the commission shall be revoked, or a franchise revoked\npursuant to sections two hundred twelve and two hundred forty-four of\nthis article, the commission shall make an order accordingly, and shall\ncause such order to be entered on the commission's minutes and a copy\nthereof served on such applicant, licensee or franchised corporation, as\nthe case may be. The action of the commission in refusing to grant a\nlicense, or in revoking a license, or in revoking a franchise pursuant\nto sections two hundred twelve and two hundred forty-four of this\narticle, shall be reviewable in the supreme court in the manner provided\nby the provisions of article seventy-eight of the civil practice law and\nrules.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.