2010 New York Code
RPP - Real Property
Article 12-A - (440 - 443-A) REAL ESTATE BROKERS AND REAL ESTATE SALESMEN
441-E - Denial of license; complaints; notice of hearing.

§  441-e.  Denial of license; complaints; notice of hearing. 1. Denial
  of license. The  department  of  state  shall,  before  making  a  final
  determination to deny an application for a license, notify the applicant
  in  writing of the reasons for such proposed denial and shall afford the
  applicant an opportunity to be heard in person or by  counsel  prior  to
  denial  of the application. Such notification shall be served personally
  or by certified mail or in any manner authorized by the  civil  practice
  law and rules. If the applicant is a salesman or has applied to become a
  salesman,  the  department  shall  also notify the broker with whom such
  salesman is associated, or with whom such salesman or applicant is about
  to  become  associated,  of  such  proposed  denial.  If  a  hearing  is
  requested,  such  hearing  shall  be  held at such time and place as the
  department shall prescribe. If the applicant fails  to  make  a  written
  request  for  a  hearing  within  thirty  days  after  receipt  of  such
  notification, then the notification of denial  shall  become  the  final
  determination  of the department. The department, acting by such officer
  or person in the department as the secretary  of  state  may  designate,
  shall  have the power to subpoena and bring before the officer or person
  so designated any person in this state, and administer an  oath  to  and
  take  testimony  of  any  person  or cause his deposition to be taken. A
  subpoena issued under this section  shall  be  regulated  by  the  civil
  practice  law  and  rules.  If,  after  such hearing, the application is
  denied, written notice of such denial shall be served upon the applicant
  personally or by certified mail or in any manner authorized by the civil
  practice law and rules, and if the  applicant  is  a  salesman,  or  has
  applied  to  become  a  salesman, the department shall notify the broker
  with whom such applicant is associated.
    2. Revocation, suspension, reprimands, fines. The department of  state
  shall, before revoking or suspending any license or imposing any fine or
  reprimand  on  the  holder  thereof or before imposing any fine upon any
  person not licensed pursuant to this article who  is  deemed  to  be  in
  violation  of  section  four hundred forty-two-h of this article, and at
  least ten days prior to the date set for the hearing, notify in  writing
  the holder of such license or such unlicensed person of any charges made
  and shall afford such licensee or unlicensed person an opportunity to be
  heard  in person or by counsel in reference thereto. Such written notice
  may be served by delivery of same personally  to  the  licensee,  or  by
  mailing  same  by  certified  mail to the last known business address of
  such licensee or unlicensed person, or by any method authorized  by  the
  civil  practice  law  and  rules.  If  said  licensee be a salesman, the
  department shall also notify the broker with whom he  is  associated  of
  the  charges  by  mailing  notice by certified mail to the broker's last
  known business address. The hearing on such charges  shall  be  at  such
  time and place as the department shall prescribe.
    3.  Power to suspend a license. The department, acting by such officer
  or person in the department as the secretary  of  state  may  designate,
  shall  have  the  power  to  suspend  a license pending a hearing and to
  subpoena and bring before the officer or person so designated any person
  in this state, and administer an oath  to  and  take  testimony  of  any
  person or cause his deposition to be taken. A subpoena issued under this
  section shall be regulated by the civil practice law and rules.

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