§ 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.