New York § 245 - 245Hearing on refusal or revocation of license or franchise

§ 245. 245Hearing on refusal or revocation of license or franchise

§ 245. Hearing on refusal or revocation of license or franchise. If the commission refuses to grant a license applied for under this article, or determines 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 commission shall give to the applicant or licensee notice of a time and place for a hearing before the commission, at which the commission will hear such applicant, licensee or franchise corporation in reference thereto. The commission 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 commission may be represented by the attorney general or an assistant attorney general. 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 the attendance of witnesses, and the production of all necessary 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, 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 such hearing, the commission shall make a final determination. If the commission determines that such license shall not be granted, or that a license issued by the commission shall be revoked, or a franchise revoked pursuant to sections two hundred twelve and two hundred forty-four of this article, the commission shall make an order accordingly, and shall cause such order to be entered on the commission's minutes and a copy thereof served on such applicant, licensee or franchised corporation, as the case may be. The action of the commission 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.