New York Hearing Of Refusal Or Revocation Of License.
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§ 420. 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 license granted by it, or shall
impose a monetary fine upon a participant in quarter horse 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 and
subject to the provisions of article seventy-eight of the civil practice
law and rules.