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.