N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 321
Hearing of refusal or revocation of license
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2021
As of January 1, 2015
§ 321. Hearing of refusal or revocation of license. If the state\nracing and wagering board shall refuse to grant a license applied for\nunder sections two hundred twenty-two through seven hundred five of this\nchapter, or shall revoke or suspend such a license granted by it, or\nshall impose a monetary fine upon a participant in harness racing the\napplicant or licensee or party fined may demand, within ten days after\nnotice of the said act of the board, a hearing before the board and the\nboard shall give prompt notice of a time and place for such hearing at\nwhich the board will hear such applicant or licensee or party fined in\nreference thereto. Pending such hearing and final determination\nthereon, the action of the board in refusing to grant or in revoking or\nsuspending a license or in imposing a monetary fine shall remain in full\nforce and effect. The board may continue such hearing from time to time\nfor the convenience of any of the parties. Any of the parties affected\nby such hearing may be represented by counsel, and the board may be\nrepresented by the attorney general, a deputy attorney general or its\ncounsel. In the conduct of such hearing the board shall not be bound by\ntechnical rules of evidence, but all evidence offered before the board\nshall be reduced to writing, and such evidence together with the\nexhibits, if any, and the findings of the board, shall be permanently\npreserved and shall constitute the record of the board in such case. In\nconnection with such hearing, each member of the board shall have the\npower to administer oaths and examine witnesses, and may issue subpoenas\nto compel attendance of witnesses, and the production of all material\nand relevant reports, books, papers, documents, correspondence and other\nevidence. The board may, if occasion shall require, by order, refer to\none or more of its members or officers, the duty of taking testimony in\nsuch matter, and to report thereon to the board, but no determination\nshall be made therein except by the board. Within thirty days after the\nconclusion of such hearing, the board shall make a final order in\nwriting, setting forth the reasons for the action taken by it and a copy\nthereof shall be served on such applicant or licensee or party fined, as\nthe case may be. The action of the board in refusing to grant a license\nor in revoking or suspending a license or in imposing a monetary fine\nshall be reviewable in the supreme court in the manner provided by the\nprovisions of article seventy-eight of the civil practice law and rules.\n
§ 321. Hearing of refusal or revocation of license. If the commission\nrefuses to grant a license applied for under sections two hundred\ntwenty-two through seven hundred five of this chapter, or revokes or\nsuspends such a license granted by it, or imposes a monetary fine upon a\nparticipant in harness racing the applicant or licensee or party fined\nmay demand, within ten days after notice of such act of the commission,\na hearing before the commission and the commission shall give prompt\nnotice of a time and place for such hearing at which the commission will\nhear such applicant or licensee or party fined in reference thereto.\nPending such hearing and final determination, the action of the\ncommission in refusing to grant or in revoking or suspending a license\nor in imposing a monetary fine shall remain in full force and effect.\nThe commission may continue such hearing from time to time for the\nconvenience of any of the parties. Any of the parties affected by such\nhearing may be represented by counsel, and the commission may be\nrepresented by the attorney general, a deputy attorney general or its\ncounsel. In the conduct of such hearing the commission shall not be\nbound by technical rules of evidence, but all evidence offered before\nthe commission shall be reduced to writing, and such evidence together\nwith the exhibits, if any, and the findings of the commission, shall be\npermanently preserved and shall constitute the record of the commission\nin such case. In connection with such hearing, each member of the\ncommission shall have the power to administer oaths and examine\nwitnesses, and may issue subpoenas to compel attendance of witnesses,\nand the production of all material and relevant reports, books, papers,\ndocuments, correspondence and other evidence. The commission may, if\noccasion shall require, by order, refer to one or more of its members or\nofficers, the duty of taking testimony in such matter, and to report\nthereon to the commission, but no determination shall be made therein\nexcept by the commission. Within thirty days after the conclusion of\nsuch hearing, the commission shall make a final order in writing,\nsetting forth the reasons for the action taken by it and a copy thereof\nshall be served on such applicant or licensee or party fined, as the\ncase may be. The action of the commission in refusing to grant a license\nor in revoking or suspending a license or in imposing a monetary fine\nshall be reviewable in the supreme court in the manner provided by the\nprovisions of article seventy-eight of the civil practice law and rules.\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.