US Laws, Codes, Statutes & Cases

 
    §  238.  Hearing  on  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 determine to revoke such a license granted by it, the
  board shall give to the applicant or licensee notice of a time and place
  for a hearing before the board,  at  which  the  board  will  hear  such
  applicant or licensee 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  the  attorney  general  or  an  assistant
  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. 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  the  attendance  of  witnesses,  and   the
  production   of   all   necessary  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, 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  such  hearing,  the  board  shall  make  a  final
  determination.  If it determines that such license shall not be  granted
  or  that a license issued by it shall be revoked, it shall make an order
  accordingly, and shall cause such order to be entered on its minutes and
  a copy thereof served on such applicant or licensee, as the case may be.
  The action of the board in refusing to grant a license or in revoking  a
  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.