N.Y. General Business Law § 411: Denial of license; complaints; notice of hearing

§ 411. Denial of license; complaints; notice of hearing. 1. Denial of

license or registration. The department shall, before making a final

determination to deny an application for a license or registration,

notify the applicant in writing of the reasons for such proposed denial

and shall afford the applicant an opportunity to be heard in person or

by counsel prior to denial of the application. Such notification shall

be served personally or by certified mail or in any manner authorized by

the civil practice law and rules for service of a summons. If a hearing

is requested, such hearing shall be held at such time and place as the

department shall prescribe. If the applicant fails to make a written

request for a hearing within thirty days after receipt of such

notification, then the notification of denial shall become the final

determination of the department. The department, acting by such officer

or person in the department as the secretary may designate, shall have

the power to subpoena and bring before the officer or person so

designated any person in this state, and administer an oath to and take

testimony of any person or cause his deposition to be taken. A subpoena

issued under this section shall be regulated by the civil practice law

and rules. If, after such hearing, the application is denied, written

notice of such denial shall be served upon the applicant personally or

by certified mail or in any manner authorized by the civil practice law

and rules for the service of a summons.

2. Revocation, suspension, reprimands, fines; unlicensed activities.

The department shall, before revoking or suspending any license or

registration or imposing any fine or reprimand on the holder thereof, or

before issuing any order directing the cessation of unlicensed

activities, and at least ten days prior to the date set for the hearing,

notify in writing the holder of such license or registration, or the

person alleged to have engaged in unlicensed or unregistered activities,

of any charges made and shall afford such person an opportunity to be

heard in person or by counsel in reference thereto. Such written notice

may be served by delivery of same personally to the licensee or

registrant or person charged, or by mailing same by certified mail to

the last known business or other address provided by such person to the

secretary of state, or by any method authorized by the civil practice

law and rules for the service of a summons. The hearing on such charges

shall be at such time and place as the department shall prescribe.

3. The department, acting by such officer or person in the department

as the secretary may designate, shall have the power to subpoena and

bring before the officer or person so designated any person in this

state, and administer an oath to and take testimony of any person or

cause his deposition to be taken. A subpoena issued under this section

shall be regulated by the civil practice law and rules.