Section 321. Hearing of refusal or revocation of license  


Latest version.
  • 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 a license granted by it, or
      shall impose a monetary fine upon a participant in  harness  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 the
      provisions of article seventy-eight of the civil practice law and rules.