N.Y. General Business Law § 750-i: Hearing on charges; decision

§ 750-i. Hearing on charges; decision. 1. No license shall be

suspended or revoked nor shall any fine or reprimand be imposed until

after a hearing had before an officer or employee of the department of

state 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 shall have the opportunity to 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. Within ten days after a hearing a

licensee shall receive a stenographic record of the hearing upon payment

of fifty percent of the cost of preparation of such record. The hearing

may be adjourned upon a showing of good cause at least five days before

the hearing, in writing, to a hearing officer. 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 or suspending or revoking the

license or in lieu thereof imposing a fine or reprimand upon the

licensee.

2. Any person who has had their application for a license rejected

shall be entitled to a hearing before an officer or employee of the

department of state designated for such purpose by the secretary of

state, upon notice to such person of at least ten days. 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 rejection of such application for license. The applicant shall have

the opportunity to be heard in his or her defense either in person or by

counsel and may produce witnesses and testify on his or her own behalf.

A stenographic record of the hearing shall be taken and preserved.

Within ten days after a hearing an applicant shall receive a

stenographic record of the hearing upon payment of fifty percent of the

cost of the preparation of such record. The hearing may be adjourned

upon a showing of good cause at least five days before the hearing, in

writing, to a hearing officer. The person conducting the hearing shall

make a written report of his or her 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

either grant a license or reject the license application.

3. For the purpose of this article, the secretary of state or any

officer or employee of the department of state designated by him or her,

may administer oaths, take testimony, subpoena witnesses and compel the

production of books, papers, records and documents deemed pertinent to

the subject of investigation.

4. Strict rules of evidence do not apply to hearings held pursuant to

this article.