2006 New York Code - Denial Of License; Complaints; Notice Of Hearing.

 
    §  411. Denial of license; complaints; notice of hearing. 1. Denial of
  license. The department 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  for service of a summons. 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 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 for the service of a
  summons.
    2. Revocation, suspension, reprimands, fines;  unlicensed  activities.
  The  department  shall,  before  revoking  or  suspending any license or
  imposing any fine or reprimand on the holder thereof, or before  issuing
  any order directing the cessation of unlicensed activities, and at least
  ten  days  prior  to the date set for the hearing, notify in writing the
  holder of such license,  or  the  person  alleged  to  have  engaged  in
  unlicensed  activities, of any charges made and shall afford such 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 person charged, or by mailing same by certified mail to the
  last known business or other address provided  by  such  person  to  the
  secretary  of  state,  or by any method authorized by the civil practice
  law and rules for the service of a summons. The hearing on such  charges
  shall be at such time and place as the department shall prescribe.
    3.  The department, acting by such officer or person in the department
  as the secretary 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.