2006 New York Code - Hearing On Charges; Decision.



 
    §  442.  Hearing on charges; decision. No license or certificate shall
  be suspended or revoked or any fine or reprimand imposed upon the holder
  thereof until after a hearing had before an officer or employee  of  the
  department  designated  for such purpose by the secretary of state, upon
  notice to the licensee of at least ten days. The notice shall be  served
  either  personally  or  by  registered mail and shall state the date and
  place of hearing and set forth the ground or  grounds  constituting  the
  charges  against the licensee. The licensee or registrant shall be heard
  in his defense either in person or by counsel and may produce  witnesses
  and testify in his behalf. A stenographic record of the hearing shall be
  taken and preserved. The hearing may be adjourned from time to time. The
  person  conducting  the  hearing  shall  make  a  written  report of his
  findings and a recommendation to the secretary of  state  for  decision.
  The secretary of state shall review such findings and the recommendation
  and,  after  due deliberation, shall issue an order accepting, modifying
  or rejecting such recommendation and dismissing the charges,  suspending
  or  revoking  the  license  or certificate or in lieu thereof imposing a
  fine or reprimand upon the licensee. For the purpose  of  this  article,
  the  secretary  of  state  or  any officer or employee of the department
  designated by  him,  may  administer  oaths,  take  testimony,  subpoena
  witnesses  and  compel  the  production  of  books,  papers, records and
  documents deemed pertinent to the subject of investigation.

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