§ 321 — Hearing of refusal or revocation of license

§ 321. Hearing of refusal or revocation of license. If the commission\nrefuses to grant a license applied for under sections two hundred\ntwenty-two through seven hundred five of this chapter, or revokes or\nsuspends such a license granted by it, or imposes a monetary fine upon a\nparticipant in harness racing the applicant or licensee or party fined\nmay demand, within ten days after notice of such act of the commission,\na hearing before the commission and the commission shall give prompt\nnotice of a time and place for such hearing at which the commission will\nhear such applicant or licensee or party fined in reference thereto.\nPending such hearing and final determination, the action of the\ncommission in refusing to grant or in revoking or suspending a license\nor in imposing a monetary fine shall remain in full force and effect.\nThe commission may continue such hearing from time to time for the\nconvenience of any of the parties. Any of the parties affected by such\nhearing may be represented by counsel, and the commission may be\nrepresented by the attorney general, a deputy attorney general or its\ncounsel. In the conduct of such hearing the commission shall not be\nbound by technical rules of evidence, but all evidence offered before\nthe commission shall be reduced to writing, and such evidence together\nwith the exhibits, if any, and the findings of the commission, shall be\npermanently preserved and shall constitute the record of the commission\nin such case. In connection with such hearing, each member of the\ncommission shall have the power to administer oaths and examine\nwitnesses, and may issue subpoenas to compel attendance of witnesses,\nand the production of all material and relevant reports, books, papers,\ndocuments, correspondence and other evidence. The commission may, if\noccasion shall require, by order, refer to one or more of its members or\nofficers, the duty of taking testimony in such matter, and to report\nthereon to the commission, but no determination shall be made therein\nexcept by the commission. Within thirty days after the conclusion of\nsuch hearing, the commission shall make a final order in writing,\nsetting forth the reasons for the action taken by it and a copy thereof\nshall be served on such applicant or licensee or party fined, as the\ncase may be. The action of the commission in refusing to grant a license\nor in revoking or suspending a license or in imposing a monetary fine\nshall be reviewable in the supreme court in the manner provided by the\nprovisions of article seventy-eight of the civil practice law and rules.\n