N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 420
Hearing of refusal or revocation of license
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2021
As of January 1, 2015
§ 420. 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 license granted by it, or shall\nimpose a monetary fine upon a participant in quarter horse 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 and\nsubject to the provisions of article seventy-eight of the civil practice\nlaw and rules.\n
§ 420. 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 license granted by it, or imposes a monetary fine upon a\nparticipant in quarter horse racing, then the applicant or licensee or\nparty fined may demand, within ten days after notice of such act of the\ncommission, a hearing before the commission and the commission shall\ngive prompt notice of a time and place for such hearing at which the\ncommission will hear such applicant or licensee or party fined in\nreference thereto. Pending such hearing and final determination of such\nmatter, the action of the commission in refusing to grant or in revoking\nor suspending a license or in imposing a monetary fine shall remain in\nfull force and effect. The commission may continue such hearing from\ntime to time, for the convenience of any of the parties. Any of the\nparties affected by such hearing may be represented by counsel, and the\ncommission may be represented by the attorney general, a deputy attorney\ngeneral or its counsel. In the conduct of such hearing the commission\nshall not be bound by technical rules of evidence, but all evidence\noffered before the commission shall be reduced to writing, and such\nevidence together with the exhibits, if any, and the findings of the\ncommission, shall be permanently preserved and shall constitute the\nrecord of the commission in such case. In connection with such hearing,\neach member of the commission shall have the power to administer oaths\nand examine witnesses, and may issue subpoenas to compel attendance of\nwitnesses, and the production of all material and relevant reports,\nbooks, papers, documents, correspondence and other evidence. The\ncommission may, if occasion shall require, by order, refer to one or\nmore of its members or officers, the duty of taking testimony in such\nmatter, and to report thereon to the commission, but no determination\nshall be made therein except by the commission. Within thirty days after\nthe conclusion of such hearing, the commission shall make a final order\nin writing, setting forth the reasons for the action taken by it and a\ncopy thereof shall be served on such applicant or licensee or party\nfined, as the case may be. The action of the commission in refusing to\ngrant a license or in revoking or suspending a license or in imposing a\nmonetary fine shall be reviewable in the supreme court in the manner\nprovided by and subject to the provisions of article seventy-eight of\nthe 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.