§ 232. License to conduct pari-mutuel betting at race meetings for running races or steeplechases. 1. Any corporation, at the time of making application to the state racing and wagering board for a license to conduct a race course or a race meeting for running races or steeplechases, or at such subsequent time as the board may permit, may apply to such board for a license to conduct at such race meeting pari-mutuel betting on the races to be run thereat. The board may prescribe the form in which such application shall be made and the information to be furnished by such corporation. If the board be satisfied from such application, or from other sources of information, that the racetrack of such corporation for which such application is made has facilities and equipment sufficient to accommodate its probable number of patrons, it shall issue to such corporation a license to conduct pari-mutuel betting in the manner and subject to the conditions prescribed by this chapter, at the racetrack described in such license on the days specified in such license.
2. The refusal of an application for such license shall be preceded by notice and an opportunity to be heard. 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. Such hearing may be presided over by the chairman of the board or by any member or by an officer of the board designated by the chairman in writing to act as hearing officer and such person or persons may issue subpoenas for witnesses and administer oaths to witnesses. The hearing officer, at the conclusion of the hearing shall make findings which, if concurred in by two members of the board, shall become the findings of the board. The action of the board in refusing a license 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.
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