245 - Hearing on refusal or revocation of license or franchise.
§ 245. Hearing on refusal or revocation of license or franchise. If the state racing and wagering board shall refuse to grant a license applied for under this chapter, or shall determine 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 board shall give to the applicant or licensee notice of a time and place for a hearing before the board, at which the board will hear such applicant, licensee or franchise corporation in reference thereto. The board 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 board may be represented by the attorney general or an assistant attorney general. In the conduct of such hearing the board shall not be bound by technical rules of evidence, but all evidence offered before the board shall be reduced to writing, and such evidence together with the exhibits, if any, and the findings of the board, shall be permanently preserved and shall constitute the record of the board in such case. In connection with such hearing, each member of the board 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 board 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 board, but no determination shall be made therein except by the board. Within thirty days after such hearing, the board shall make a final determination. If it determines that such license shall not be granted, or that a license issued by it shall be revoked, or a franchise revoked pursuant to sections two hundred twelve and two hundred forty-four of this article, it shall make an order accordingly, and shall cause such order to be entered on its minutes and a copy thereof served on such applicant, licensee or franchised corporation, as the case may be. The action of the board 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.