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This entry was published on 2020-10-16
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SECTION 245
Hearing on refusal or revocation of license or franchise
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 2
§ 245. Hearing on refusal or revocation of license or franchise. If
the commission refuses to grant a license applied for under this
article, or determines to revoke such a license granted by it or a
franchise pursuant to sections two hundred twelve and two hundred
forty-four of this article, the commission shall give to the applicant
or licensee notice of a time and place for a hearing before the
commission, at which the commission will hear such applicant, licensee
or franchise corporation 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 the attorney
general or an assistant 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. In connection with such
hearing, each member of the commission 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 commission 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 commission, but no determination shall be made
therein except by the commission. Within thirty days after such hearing,
the commission shall make a final determination. If the commission
determines that such license shall not be granted, or that a license
issued by the commission shall be revoked, or a franchise revoked
pursuant to sections two hundred twelve and two hundred forty-four of
this article, the commission shall make an order accordingly, and shall
cause such order to be entered on the commission's minutes and a copy
thereof served on such applicant, licensee or franchised corporation, as
the case may be. The action of the commission in refusing to grant a
license, or in revoking a license, or in revoking a franchise pursuant
to sections two hundred twelve and two hundred forty-four of this
article, 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.