State Codes and Statutes

Statutes > New-york > Pml > Article-3 > 321

§  321.  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 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.

State Codes and Statutes

Statutes > New-york > Pml > Article-3 > 321

§  321.  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 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pml > Article-3 > 321

§  321.  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 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.