US Laws, Codes, Statutes & Cases

 
    § 1004. Suspension of simulcast licenses. 1. The board may suspend any
  license authorizing the operation of a facility as a simulcast facility,
  granted  to an operator, if such operator fails to conduct operations in
  accordance with the provisions  of  the  plan  of  operation,  with  the
  applicable rules of the board or with the provisions of this article.
    2.  If  the  board shall determine to suspend any license to operate a
  simulcast facility, it shall give the operator involved  notice  of  the
  time  and  plan  for  a hearing before the board at which the board will
  hear such operator in reference thereto. The  board  may  continue  such
  hearing from time to time for the convenience of all parties. Any of the
  parties  affected by such hearing may be represented by counsel, and the
  board may be represented by its own counsel or by the attorney  general.
  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. The board may  by
  order, if occasion shall require, 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 thereon  except
  by  the  board.  Within  thirty days after such hearing, the board shall
  make a final determination.  If  it  determines  that  such  license  be
  suspended,  it  shall  make  an  order accordingly, and shall cause such
  order to be entered on its minutes and a copy  thereof  served  on  such
  operator.  The  action  of the board in suspending such license 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.
    3. The  board  may  immediately  suspend  any  license  to  operate  a
  simulcast  facility  for  a  reason set forth in subdivision one of this
  section as of the delivery to the affected operator  of  the  notice  of
  hearing  required  by  subdivision  two  of  this  section pending final
  determination  of  the  board  following  the  hearing.  Such  emergency
  suspension shall be followed by a hearing as provided in subdivision two
  within twenty days following suspension.