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

Source: Section 420 — Hearing of refusal or revocation of license, https://www.­nysenate.­gov/legislation/laws/PML/420 (updated Oct. 16, 2020; accessed Dec. 21, 2024).

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Accessed:
Dec. 21, 2024

Last modified:
Oct. 16, 2020

§ 420’s source at nysenate​.gov

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