N.Y. Racing, Pari-Mutuel Wagering and Breeding Law Section 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.

Source: Section 245 — Hearing on refusal or revocation of license or franchise, https://www.­nysenate.­gov/legislation/laws/PML/245 (updated Oct. 16, 2020; accessed Oct. 26, 2024).

201
Incorporation 202
Restriction upon commencement of business 202‑A
Liability of the directors of a franchised corporation 202‑B
No debt of the state 203
Right to hold race meetings and races 204
Certificate of payment of stock 205
License for running races and steeplechase meetings 206
Franchise for running races and steeplechase meetings 207
Board of directors of a franchised corporation 208
Conditions of franchise award 209
Examination of the books and accounts by the state comptroller 210
Franchise termination 210‑A
Relinquishment of franchise 211
Fair association, when entitled to privileges 212
Franchise oversight board 213
Project labor agreements 214
Acquisition of racing facilities 216
Disposition of racing facilities or certain assets 217
Revocation of licenses 218
Stewards at race meetings 219
Advertising or promotional material 220
Licenses for participants and employees at race meetings 220‑A
Corporations continued 221
New York Jockey Injury Compensation Fund, Inc 221‑A
Health insurance for jockeys 221‑B
Health insurance for trainers 222
Notice to be posted upon grounds 223
Special police officers 224
Penalty for unlawful racing and betting 225
Registration of race horses 226
Increased or additional entrance fees 228
Pension plans for backstretch employees 229
Backstretch employees drug and alcohol rehabilitation eligibility 230
Membership in a national thoroughbred racing association 231
Pari-mutuel betting on horse races legalized 232
License to conduct pari-mutuel betting at race meetings for running races or steeplechases 233
Bond required of corporation conducting pari-mutuel betting 234
Place and manner of conducting pari-mutuel betting 235
Rules for the conduct of pari-mutuel betting 236
Disposition of pari-mutuel pools 237
Capital improvements 238
Disposition of pari-mutuel pools of the franchised corporation 239
Books and records of pari-mutuel betting 240
Yearly audit 241
Disposition of unpaid money due on account of pari-mutuel tickets not presented 242
Races for horses bred in the state 243
Free or reduced fee passes, cards or badges 244
Revocation of license or franchise 245
Hearing on refusal or revocation of license or franchise 246
Approval of plans of corporation 247
Racing zones 248
Racing season 249
Pari-mutuel employees to be citizens and residents 250
Power of commission to impose penalties 251
Definitions 252
New York state thoroughbred breeding and development fund 253
Powers of the fund 254
Resources of fund 255
Annual audit 256
Annual report 257
Actions against fund
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Oct. 16, 2020

§ 245’s source at nysenate​.gov

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