2019 New York Laws
PBH - Public Health
Article 35-A - Ultraviolet Radiation Devices
3552 - Suspension or Revocation.

§ 3552. Suspension or revocation. 1. The license of a tanning facility
may be suspended for a fixed period, revoked or annulled, upon a finding
that a licensee:
  (a) is guilty of fraud or bribery in securing a license;
  (b)  has  made  any  false  statement  as  to a material matter in any
application or any other statement required by this article;
  (c) failed to display the license or warning signs as provided in this
article; or
  (d) violated any provision of this article or any rule  or  regulation
adopted pursuant to this article.
  2.  In  lieu  of  revoking,  suspending  or  annulling  a license, the
department may assess a civil penalty, not exceeding two  hundred  fifty
dollars, for a violation of any provision of this article or any rule or
regulation adopted pursuant to this article.
  3. Before revoking, suspending or annulling a license, or imposing any
civil  penalty upon a licensee, the department shall notify the licensee
in writing of the proposed action  and  shall  afford  the  licensee  an
opportunity  to  be  heard  in  person or by counsel. Such notice may be
served by personal  delivery  to  the  licensee  or  by  mailing  it  by
certified  mail to the last known address on file with the department or
by any method authorized by  the  civil  practice  law  and  rules.  The
hearing  on  such  charges  shall  be  at  such  time  and  place as the
department shall prescribe.
  4. The department shall have the power to suspend a license pending  a
hearing  and  to  subpoena  and  bring  before  the  officer  or  person
conducting the hearing any person in the state, and administer  an  oath
to  take  testimony  of  any person or cause his or her deposition to be
taken. A subpoena issued under this section  shall  be  subject  to  the
provisions of the civil practice law and rules.