§ 420 — Hearing of refusal or revocation of license

§ 420. 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 license granted by it, or imposes a monetary fine upon a\nparticipant in quarter horse racing, then the applicant or licensee or\nparty fined may demand, within ten days after notice of such act of the\ncommission, a hearing before the commission and the commission shall\ngive prompt notice of a time and place for such hearing at which the\ncommission will hear such applicant or licensee or party fined in\nreference thereto. Pending such hearing and final determination of such\nmatter, the action of the commission in refusing to grant or in revoking\nor suspending a license or in imposing a monetary fine shall remain in\nfull force and effect. The commission may continue such hearing from\ntime to time, for the convenience of any of the parties. Any of the\nparties affected by such hearing may be represented by counsel, and the\ncommission may be represented by the attorney general, a deputy attorney\ngeneral or its counsel. In the conduct of such hearing the commission\nshall not be bound by technical rules of evidence, but all evidence\noffered before the commission shall be reduced to writing, and such\nevidence together with the exhibits, if any, and the findings of the\ncommission, shall be permanently preserved and shall constitute the\nrecord of the commission in such case. In connection with such hearing,\neach member of the commission shall have the power to administer oaths\nand examine witnesses, and may issue subpoenas to compel attendance of\nwitnesses, and the production of all material and relevant reports,\nbooks, papers, documents, correspondence and other evidence. The\ncommission may, if occasion shall require, by order, refer to one or\nmore of its members or officers, the duty of taking testimony in such\nmatter, and to report thereon to the commission, but no determination\nshall be made therein except by the commission. Within thirty days after\nthe conclusion of such hearing, the commission shall make a final order\nin writing, setting forth the reasons for the action taken by it and a\ncopy thereof shall be served on such applicant or licensee or party\nfined, as the case may be. The action of the commission in refusing to\ngrant a license or in revoking or suspending a license or in imposing a\nmonetary fine shall be reviewable in the supreme court in the manner\nprovided by and subject to the provisions of article seventy-eight of\nthe civil practice law and rules.\n