N.Y. Executive Law § 534-n: Hearings, determinations and review

§ 534-n. Hearings, determinations and review. 1. The commission shall

not deny any application for a license or registration without giving

the applicant or prospective licensee reasonable prior notice and an

opportunity to be heard by the commission.

2. Any application for a license or for inclusion in the longshore

workers' register, and any license issued or registration made, may be

denied, revoked, or suspended only in the manner prescribed in this

section.

3. The commission may on its own initiative or on complaint of any

person, including any public official or agency, institute proceedings

to revoke or suspend any license or registration after a hearing at

which the licensee or registrant and any person making such complaint

shall be given an opportunity to be heard, provided that any order of

the commission revoking or suspending any license or registration shall

not become effective until fifteen days subsequent to the serving of

notice thereof upon the licensee or registrant unless in the opinion of

the commission the continuance of the license or registration for such

period would be inimical to the public peace or safety. Such hearings

shall be held in such manner and upon such notice as may be prescribed

by the rules of the commission, but such notice shall be of not less

than ten days and shall state the nature of the complaint.

4. Pending the determination of such hearing pursuant to subdivision

three of this section, the commission may temporarily suspend a permit,

license or registration until further order of the commission if in the

opinion of the commission the continuance of the permit, license or

registration for such period is inimical to the public peace or safety.

(a) The commission may temporarily suspend a permit, license or

registration pursuant to the provisions of this subdivision until

further order of the commission or final disposition of the underlying

case, where the permittee, licensee or registrant has been indicted for,

or otherwise charged with, a crime which is equivalent to a felony in

the state of New York or any crime punishable by death or imprisonment

for a term exceeding three hundred sixty-four days or where the

permittee or licensee is a security officer who is charged by the

commission pursuant to this section with misappropriating any other

person's property at or on a pier or other waterfront terminal.

(b) In the case of a permittee, licensee or registrant who has been

indicted for, or otherwise charged with, a crime, the temporary

suspension shall terminate immediately upon acquittal or upon dismissal

of the criminal charge, unless in the opinion of the commission the

continuance of any such permit, license or registration is inimical to

the public peace or safety.

(c) A person whose permit, license or registration has been

temporarily suspended may, at any time, demand that the commission

conduct a hearing as provided for in this section. Within sixty days of

such demand, the commission shall commence the hearing and, within

thirty days of receipt of the administrative judge's report and

recommendation, the commission shall render a final determination

thereon; provided, however, that these time requirements, shall not

apply for any period of delay caused or requested by the permittee,

licensee or registrant. Upon failure of the commission to commence a

hearing or render a determination within the time limits prescribed

herein, the temporary suspension of the licensee or registrant shall

immediately terminate. Notwithstanding any other provision of this

subdivision, if a federal, state, or local law enforcement agency or

prosecutor's office shall request the suspension or deferment of any

hearing on the ground that such a hearing would obstruct or prejudice an

investigation or prosecution, the commission may in its discretion,

postpone or defer such hearing for a time certain or indefinitely. Any

action by the commission to postpone a hearing shall be subject to

immediate judicial review as provided in subdivision seven of this

section.

(d) The commission may in addition, within its discretion, bar any

permittee, licensee or registrant whose license or registration has been

suspended pursuant to this section, from any employment by a licensed

stevedore or a carrier of freight by water during the period of such

suspension, if the alleged crime that forms the basis of such suspension

involves the possession with intent to distribute, sale, or distribution

of a controlled dangerous substance (controlled substance), or

controlled dangerous substance analog (controlled substance analog),

racketeering or theft from a pier or waterfront terminal.

5. The commission, or such officer, employee or agent of the

commission as may be designated by the commission for such purpose,

shall have the power to issue subpoenas to compel the attendance of

witnesses and the giving of testimony or production of other evidence

and to administer oaths in connection with any such hearing. It shall be

the duty of the commission or of any officer, employee or agent of the

commission designated by the commission for such purpose to issue

subpoenas at the request of and upon behalf of the licensee, registrant

or applicant. The commission or such person conducting the hearing shall

not be bound by common law or statutory rules of evidence or by

technical or formal rules of procedure in the conduct of such hearing.

6. Upon the conclusion of the hearing, the commission shall take such

action upon such findings and determination as it deems proper and shall

execute an order carrying such findings into effect. The action in the

case of an application for a license or registration shall be the

granting or denial thereof. The action in the case of a licensee shall

be revocation of the license or suspension thereof for a fixed period or

reprimand or a dismissal of the charges. The action in the case of a

registered longshore worker shall be dismissal of the charges, reprimand

or removal from the longshore workers' register for a fixed period or

permanently.

7. The action of the commission in denying any application for a

license or in refusing to include any person in the longshore workers'

register under this act or in suspending or revoking such license or

removing any person from the longshore workers' register or in

reprimanding a licensee or registrant shall be subject to judicial

review by a proceeding instituted in this state at the instance of the

applicant, licensee or registrant in the manner provided by state law

for review of the final decision or action of an agency of this state

provided, however, that notwithstanding any other provision of law the

court shall have power to stay for not more than thirty days an order of

the commission suspending or revoking a license or removing a longshore

worker from the longshore workers' register.

8. At hearings conducted by the commission pursuant to this section,

applicants, prospective licensees, licensees and registrants shall have

the right to be accompanied and represented by counsel.

9. After the conclusion of a hearing but prior to the making of an

order by the commission, a hearing may, upon petition and in the

discretion of the hearing officer, be reopened for the presentation of

additional evidence. Such petition to reopen the hearing shall state in

detail the nature of the additional evidence, together with the reasons

for the failure to submit such evidence prior to the conclusion of the

hearing. The commission may upon its own motion and upon reasonable

notice reopen a hearing for the presentation of additional evidence.

Upon petition, after the making of an order of the commission, rehearing

may be granted in the discretion of the commission. Such a petition for

rehearing shall state in detail the grounds upon which the petition is

based and shall separately set forth each error of law and fact alleged

to have been made by the commission in its determination, together with

the facts and arguments in support thereof. Such petition shall be filed

with the commission not later than thirty days after service of such

order, unless the commission for good cause shown shall otherwise

direct. The commission may upon its own motion grant a rehearing after

the making of an order.