N.Y. Racing, Pari-Mutuel Wagering and Breeding Law Section 321
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 a license granted by it, or imposes a monetary fine upon a participant in harness racing 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, 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 the provisions of article seventy-eight of the civil practice law and rules.

Source: Section 321 — Hearing of refusal or revocation of license, https://www.­nysenate.­gov/legislation/laws/PML/321 (updated Oct. 16, 2020; accessed Oct. 26, 2024).

301
General powers of commission 302
Incorporation 303
Filing of information concerning stock transfers 303‑A
Non-managing ownership of standardbred horses 304
Right to hold harness race meetings and races 305
Pari-mutuel betting at harness races 307
Licenses for harness race meetings 307‑A
New York-bred or wholly owned harness races 308
Officials at harness horse race meetings 309
Licenses for participants and employees at harness race meetings 310
Power of the commission to impose fines and penalties 311
Refunds 312
Special police officers 313
Place and manner of conducting pari-mutuel betting 314
Construction with other laws 315
Bond required of corporation or association conducting pari-mutuel betting 316
Books and records of pari-mutuel betting 317
Filing of certain agreements with the commission 318
Disposition of on-track pari-mutuel pools 319
Capital improvements 320
Revocation of license 321
Hearing of refusal or revocation of license 322
Approval of plans of corporation or association 324
Free or reduced fee passes, cards or badges 325
County, town and agricultural fairs and harness race meetings not licensed to conduct pari-mutuel betting 326
Employees at harness race meetings 327
Membership in a labor union or a labor organization 328
Disposition of unpaid money due on account of pari-mutuel tickets not presented 329
Penalties 330
Agriculture and New York state horse breeding development fund 331
Powers 332
Resources of fund 333
New York state exposition harness racing 334
New York-bred harness horse events 335
County and town agricultural society harness racing events 336
Actions against fund
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Accessed:
Oct. 26, 2024

Last modified:
Oct. 16, 2020

§ 321’s source at nysenate​.gov

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