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This entry was published on 2020-10-16
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SECTION 420
Hearing of refusal or revocation of license
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 4
§ 420. Hearing of refusal or revocation of license. If the commission
refuses to grant a license applied for under sections two hundred
twenty-two through seven hundred five of this chapter, or revokes or
suspends such license granted by it, or imposes a monetary fine upon a
participant in quarter horse racing, then the applicant or licensee or
party fined may demand, within ten days after notice of such act of the
commission, a hearing before the commission and the commission shall
give prompt notice of a time and place for such hearing at which the
commission will hear such applicant or licensee or party fined in
reference thereto. Pending such hearing and final determination of such
matter, the action of the commission 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 commission 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
commission may be represented by the attorney general, a deputy attorney
general or its counsel. 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 attendance of
witnesses, and the production of all material and relevant 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 or officers, 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
the conclusion of such hearing, the commission 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 commission 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.