N.Y. General Business Law § 79: Hearings, notice, determinations, review

§ 79. Hearings, notice, determinations, review. 1. The department of

state shall have the power to revoke or suspend any license, or in lieu

thereof to impose a fine not exceeding one thousand dollars payable to

the department of state, or reprimand any licensee or deny an

application for a license or renewal thereof upon proof:

(a) that the applicant or licensee has violated any of the provisions

of this article or the rules and regulations promulgated hereunder;

(b) that the applicant or licensee has practiced fraud, deceit or

misrepresentation;

(c) that the applicant or licensee has made a material misstatement in

the application for or renewal of his license;

(d) that the applicant or licensee has demonstrated incompetence or

untrustworthiness in his actions;

(e) that the applicant or licensee has violated any of the provisions

of article seven-A of this chapter or the rules and regulations

promulgated thereunder.

2. The department of state shall, before denying an application for a

license or before revoking or suspending any license, excepting a

temporary suspension as provided in subdivision five of this section, or

imposing any fine or reprimand, and at least fifteen days prior to the

date set for the hearing, and upon due notice to the complainant or

objector, notify in writing the applicant for, or the holder of such

license of any charge made and shall afford said applicant, or licensee,

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

applicant or licensee, or by mailing same by certified mail to the last

known business address of such applicant or licensee.

3. The hearing on such charges shall be at such time and place as the

department of state shall prescribe and shall be conducted by such

officer or person in the department as the secretary of state may

designate, who 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. Such officer or person in the department

of state designated to take such testimony shall not be bound by common

law or statutory rules of evidence or by technical or formal rules of

procedure.

4. In the event that the department shall deny the application for, or

revoke or suspend any such license, or impose any fine or reprimand, its

determination shall be in writing and officially signed. The original of

such determination, when so signed, shall be filed in the office of the

department and copies thereof shall be mailed to the applicant or

licensee and to the complainant within two days after the filing thereof

as herein prescribed.

5. The department, acting by the officer or person designated to

conduct the hearing pursuant to subdivision three above or by such other

officer or person in the department as the secretary of state may

designate, shall have the power to suspend the license of any licensee

who has been convicted in this state or any other state or territory of

a felony or of any misdemeanor or offense enumerated under subdivision

two of section seventy-four or under section eighty-four of this chapter

for a period not exceeding thirty days pending a hearing and a

determination of charges made against him. If such hearing is adjourned

at the request of the licensee, or by reason of any act or omission by

him or on his behalf, such suspension may be continued for the

additional period of such adjournment.

6. The action of the department of state in granting or refusing to

grant or to renew a license under this article or in revoking or

suspending or refusing to revoke or suspend such a license or imposing

any fine or reprimand shall be subject to review by a proceeding

instituted under article seventy-eight of the civil practice law and

rules at the instance of the applicant for such license, the holder of a

license so revoked, suspended, fined or reprimanded or the person

aggrieved.