§ 1004. Suspension of simulcast licenses. 1. The commission may\nsuspend any license authorizing the operation of a facility as a\nsimulcast facility, granted to an operator, if such operator fails to\nconduct operations in accordance with the provisions of the plan of\noperation, with the applicable rules of the commission or with the\nprovisions of this article.\n 2. If the commission determines to suspend any license to operate a\nsimulcast facility, the commission shall give the operator involved\nnotice of the time and plan for a hearing before the commission at which\nthe commission will hear such operator in reference thereto. The\ncommission may continue such hearing from time to time for the\nconvenience of all parties. Any of the parties affected by such hearing\nmay be represented by counsel, and the commission may be represented by\nits own counsel or by the attorney general. In the conduct of such\nhearing the commission shall not be bound by technical rules of\nevidence, but all evidence offered before the commission shall be\nreduced to writing, and such evidence together with the exhibits, if\nany, and the findings of the commission shall be permanently preserved\nand shall constitute the record of the commission in such case. The\ncommission may by order, if occasion shall require, refer to one or more\nof its members or officers the duty of taking testimony in such matter\nand to report thereon to the commission, but no determination shall be\nmade thereon except by the commission. Within thirty days after such\nhearing, the commission shall make a final determination. If the\ncommission determines that such license be suspended, the commission\nshall make an order accordingly, and shall cause such order to be\nentered on its minutes and a copy thereof served on such operator. The\naction of the commission in suspending such license shall be reviewable\nin the supreme court in the manner provided by the provisions of article\nseventy-eight of the civil practice law and rules.\n 3. The commission may immediately suspend any license to operate a\nsimulcast facility for a reason set forth in subdivision one of this\nsection as of the delivery to the affected operator of the notice of\nhearing required by subdivision two of this section pending final\ndetermination of the commission following the hearing. Such emergency\nsuspension shall be followed by a hearing as provided in subdivision two\nof this section within twenty days following suspension.\n
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