Title 9 Part 4831

Upon the taking of an appeal as provided by the Bingo Licensing Law from any action or determination of the municipal governing body denying, suspending or revoking a license, the party aggrieved shall file with the municipal governing body an original and copy of a notice of appeal within 30 days of the action or determination appealed from.

The notice of appeal shall set forth in detail the specific ground or grounds upon which the appeal is based.

The municipal clerk shall forward the original of the notice to the commission within three days after the filing of such notice.

Within 15 days after the filing of the notice of appeal, the party aggrieved shall file with the commission an original and three copies of a statement of appeal with an admission or affidavit of service upon the municipal governing body.

The statement of appeal shall set forth in separately numbered paragraphs: (a) the specific nature of the claimed error or errors; (b) a narrative of the facts presented to the municipal governing body upon which the determination or action was based; (c) a narrative of any additional facts, not presented to the municipal governing body, that the party appealing requests be considered on the appeal, together with an explanation why such additional facts were not presented to the municipal governing body; (d) a true copy of all transcribed testimony taken at all prior hearings and proceedings; and (e) argument on facts and the law. There shall also be affixed a copy of the original application, a copy of the findings and determination of the municipal governing body and a copy of the license, if any.

Within 20 days after service upon it of the statement of appeal, the municipal governing body shall file with the commission an original and three copies of a counterstatement of appeal, with an admission or affidavit of service upon the party appealing that shall set forth the facts in the statement of appeal that are disputed. There shall be an assertion as to any disputed fact, together with a narrative of any additional facts, not originally presented to the municipal governing body, that the municipal governing body requests be considered on the appeal. The counterstatement of appeal may also set forth argument on the facts and the law. On or before the filing thereof, a copy of the counterstatement of appeal shall be served upon the party aggrieved.

The counterstatement of appeal shall have annexed, in the form of affidavits and exhibits, proof in support of (a) any disputed facts, (b) any additional facts not presented to the municipal governing body.

Filing of the foregoing papers with the commission at the commission's office at 354 Broadway, Schenectady, NY 12305, may be either by personal service or by certified mail.

Upon receipt of the counterstatement of appeal the commission shall notify the parties thereto of the date and place fixed for hearing the appeal, and each party must indicate to the commission and to the opposing party, by written notice, within five days: (a) whether the appeal is to be submitted on the appeal papers, or (b) whether oral argument is desired, and (c) whether any party desires to examine any person making an affidavit on which another party relies, and the name or names of such person or persons.

Whenever any person making an affidavit is to be cross-examined at the hearing on appeal, the party relying on his affidavit shall produce the witness at the hearing, and in default thereof, the affidavit shall not be considered in the determination of the appeal.

The commission may, upon application of any party, for good cause shown, allow the production at the hearing of additional witnesses and evidence in support of any facts material to the determination of the appeal.

At the request of any party to an appeal, and for good cause shown, the commission shall issue subpoenas for the attendance of witnesses and the production of books, records, and other documents.

Whenever oral testimony of witnesses is taken at the hearing of an appeal, an accurate stenographic record shall be kept of the testimony of all witnesses. A copy of any testimony given by a witness shall be made available to him or any other person having a legitimate interest in such testimony upon application to the commission and at the expense of the applicant.

Hearings may be adjourned by the commission from time to time at the request of any party to the appeal but only for good cause shown. Hearings shall be held and concluded without unreasonable delay.

The chair may designate one or more members or employees of the commission to conduct the hearing appeal.

Upon the determination of an appeal, the commission shall state the commission’s findings and record the vote of the members participating therein. All parties shall be notified by the commission of its determination and shall be furnished a copy of the findings.

Parties to an appeal may be represented by counsel; provided, however, the attorney shall be a member in good standing of the Bar of the State of New York.

Any person appearing before the commission in a representative capacity shall be required to establish such person’s authority to act in such capacity.

The commission shall have discretion to stay all proceedings to enforce any action, determination or order appealed from, upon written application to the commission by the party aggrieved and for good cause shown by affidavit of the moving party.