N.Y. General Business Law § 442: Hearing on charges; decision

§ 442. Hearing on charges; decision. No license or certificate shall

be suspended or revoked or any fine or reprimand imposed upon the holder

thereof until after a hearing had before an officer or employee of the

department designated for such purpose by the secretary of state, upon

notice to the licensee of at least ten days. The notice shall be served

either personally or by certified mail and shall state the date and

place of hearing and set forth the ground or grounds constituting the

charges against the licensee. The licensee or registrant shall be heard

in his defense either in person or by counsel and may produce witnesses

and testify in his behalf. A stenographic record of the hearing shall be

taken and preserved. The hearing may be adjourned from time to time. The

person conducting the hearing shall make a written report of his

findings and a recommendation to the secretary of state for decision.

The secretary of state shall review such findings and the recommendation

and, after due deliberation, shall issue an order accepting, modifying

or rejecting such recommendation and dismissing the charges, suspending

or revoking the license or certificate or in lieu thereof imposing a

fine or reprimand upon the licensee. For the purpose of this article,

the secretary of state or any officer or employee of the department

designated by him, may administer oaths, take testimony, subpoena

witnesses and compel the production of books, papers, records and

documents deemed pertinent to the subject of investigation.