2006 New York Code - Suspension And Revocation Of Licenses; Complaints And Charges.

 
    § 3451. Suspension and revocation of licenses; complaints and charges.
  1. (a) Any person, public officer, or association, or the department may
  for due cause, prefer charges pursuant to the provisions of this chapter
  against any licensee.
    (b) Such charges shall be in writing and verified under oath and shall
  be submitted to the department.
    2.  (a) The commissioner or any person or persons appointed by him for
  the purpose, may hold a preliminary hearing to determine whether a trial
  on the formal charges is necessary.
    (b) The commissioner may  dismiss  the  charges  and  take  no  action
  thereon, by formal hearing or otherwise, in his discretion, in the event
  that  he  or  the  person or persons thus appointed by him do not deem a
  formal hearing necessary, in which  event  the  charges  and  the  order
  dismissing the charges shall be filed with the department.
    3.  (a) If the commissioner or the person or persons thus appointed by
  him decide that the charges  shall  be  heard,  the  commissioner  shall
  designate  a hearing officer to determine the charges and set a time and
  place for a hearing.
    (b) A copy of the charges, together with notice of the time and  place
  of  the  hearing,  shall  be  served  on  the accused in accordance with
  section twelve-a of this chapter.
    4. (a) Upon the conclusion of the hearing, the commissioner may revoke
  the license of the accused, or suspend such license for a fixed  period,
  or  reprimand, or take such other disciplinary action in accordance with
  this article, or dismiss the charges.
    (b) An order or suspension made by the commissioner may  contain  such
  provisions  as to reinstatement of the license as the commissioner shall
  direct.
    (c) The commissioner, in his discretion, may  direct  a  rehearing  or
  take   additional   evidence,  and  may  rescind  or  affirm  the  prior
  determination after such rehearing,  but  nothing  in  this  subdivision
  shall  preclude  appropriate  relief  under article seventy-eight of the
  civil practice act.