2013 New York Consolidated Laws
PML - Racing, Pari-Mutuel Wagering and Breeding Law
Article 3 - (301 - 336) HARNESS RACING AND BREEDING
321 - Hearing of refusal or revocation of license.


NY Rac, Pari-Mut Wat & Breeding L § 321 (2012) What's This?
 
    §  321.  Hearing  of  refusal or revocation of license.   If the state
  racing and wagering board shall refuse to grant a  license  applied  for
  under sections two hundred twenty-two through seven hundred five of this
  chapter,  or  shall  revoke  or suspend such a license granted by it, or
  shall impose a monetary fine upon a participant in  harness  racing  the
  applicant  or  licensee or party fined may demand, within ten days after
  notice of the said act of the board, a hearing before the board and  the
  board  shall  give prompt notice of a time and place for such hearing at
  which the board will hear such applicant or licensee or party  fined  in
  reference  thereto.    Pending  such  hearing  and  final  determination
  thereon, the action of the board 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 board 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 board may be
  represented by the attorney general, a deputy attorney  general  or  its
  counsel.  In the conduct of such hearing the board shall not be bound by
  technical rules of evidence, but all evidence offered before  the  board
  shall  be  reduced  to  writing,  and  such  evidence  together with the
  exhibits, if any, and the findings of the board,  shall  be  permanently
  preserved  and shall constitute the record of the board in such case. In
  connection with such hearing, each member of the board  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 board 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 board,  but  no  determination
  shall  be made therein except by the board. Within thirty days after the
  conclusion of such hearing, the  board  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 board 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.

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