2006 New York Code - Denial Or Revocation Of License Or Certificate.

 
    § 459. Denial or revocation of license or certificate. 1. A license or
  certificate,  its  renewal  or  continuation  may  be  denied  where the
  commissioner has probable reason  to  believe,  based  on  knowledge  or
  reliable  information,  or  finds,  after  due  investigation  that  the
  applicant or any officer, servant, agent or employee of the applicant is
  not sufficiently reliable and  experienced  to  be  authorized  to  own,
  possess,  store, transport, use, manufacture, deal in, sell, purchase or
  otherwise handle,  as  the  case  may  be,  explosives,  lacks  suitable
  facilities therefor, has been convicted of a crime for which he has been
  sentenced  to  serve one or more years in prison, is disloyal or hostile
  to the United States or has been confined as a patient or  inmate  in  a
  public  or  private  institution  for  the treatment of mental diseases.
  Whenever the  commissioner  denies  an  application  for  a  license  or
  certificate  or  the renewal thereof, he shall, within five days of such
  denial, give notice thereof and the reasons therefor in writing  to  the
  applicant personally or by mail to the address given in the application.
  Such  denial  may  be  appealed to the commissioner who shall follow the
  procedure provided by subdivision three of this section.
    2. The commissioner may revoke  any  certificate  or  license  on  any
  ground  or grounds authorized in subdivision one of this section for the
  denial of a license or certificate, or for a violation of the  terms  of
  such license or certificate, or for a violation of any provision of this
  article  or  of  the  rules of the board, or for non-compliance with any
  order issued by the commissioner  within  the  time  specified  in  such
  order.
    Where  the  commissioner  has  probable  reason  to  believe, based on
  knowledge or reliable information, that a licensee or certificate holder
  is disloyal to the United States, he may summarily revoke the license or
  certificate or may, in his discretion, give such licensee or certificate
  holder notice and opportunity to be heard  as  provided  in  subdivision
  three  of  this  section. Revocation of a license or certificate for any
  other ground may be ordered only after  giving  written  notice  and  an
  opportunity  to be heard to the holder thereof. Such notice may be given
  to the holder personally or by mail and  shall  specify  the  ground  or
  grounds  on  which  it is proposed to revoke the license or certificate.
  When a license or certificate is revoked, the  commissioner  may  direct
  the  disposition  of  explosives  held  by  such licensee or certificate
  holder. Upon revocation of a license or certificate by the commissioner,
  the holder thereof shall surrender his license  or  certificate  to  the
  commissioner at once.
    3.  Hearings. Unless, within fifteen days from the date of notice, the
  applicant for a license or certificate or  the  recipient  of  a  notice
  stating   that   the  commissioner  proposes  to  revoke  a  license  or
  certificate  held  by  him,  shall  file  a  written  answer  with   the
  commissioner  denying  the  ground  or  grounds  on  which  a license or
  certificate has been denied or ground or grounds on which revocation  of
  a  license  or  certificate  is sought, and shall request a hearing, the
  commissioner may make a final determination respecting  the  application
  for  a  license  or  certificate, or may revoke a license or certificate
  forthwith. If, within such fifteen  days,  the  applicant,  licensee  or
  certificate  holder  files  such  answer  and  request  for hearing, the
  commissioner shall schedule a hearing. The notice of hearing shall state
  the time, place, and subject of the hearing, and shall be mailed to  the
  applicant,  certificate  holder or licensee at his last known address at
  least five days before the date of hearing. Hearings shall  be  held  by
  the  commissioner  or his representative, and the applicant, certificate
  holder or licensee may appear in person or  may  be  represented  by  an
  agent. After such hearing, the commissioner shall render his decision in
  writing.