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This entry was published on 2020-10-16
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SECTION 1004
Suspension of simulcast licenses
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 10
§ 1004. Suspension of simulcast licenses. 1. The commission 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 commission or with the
provisions of this article.

2. If the commission determines to suspend any license to operate a
simulcast facility, the commission shall give the operator involved
notice of the time and plan for a hearing before the commission at which
the commission will hear such operator in reference thereto. The
commission 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 commission may be represented by
its own counsel or by the attorney general. In the conduct of such
hearing the commission shall not be bound by technical rules of
evidence, but all evidence offered before the commission shall be
reduced to writing, and such evidence together with the exhibits, if
any, and the findings of the commission shall be permanently preserved
and shall constitute the record of the commission in such case. The
commission 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 commission, but no determination shall be
made thereon except by the commission. Within thirty days after such
hearing, the commission shall make a final determination. If the
commission determines that such license be suspended, the commission
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 commission 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 commission 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 commission following the hearing. Such emergency
suspension shall be followed by a hearing as provided in subdivision two
of this section within twenty days following suspension.