N.Y. General Business Law § 800: Denial of registration; complaints; notice of hearing

§ 800. Denial of registration; complaints; notice of hearing. 1.

Denial of registration. The secretary shall, before making a final

determination to deny an application for a registration, notify the

applicant in writing of the reasons for such denial and shall afford the

applicant an opportunity to be heard in person or by counsel prior to

the denial of the application. Such notification shall be served

personally or by 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 secretary 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 shall become the final determination of the secretary. If,

after hearing, the registration is denied, written notice of such denial

shall be served upon the registrant personally or by certified mail or

in any manner authorized by the civil practice law and rules.

2. Revocation, suspension, reprimands, fines. The secretary shall,

before revoking or suspending any registration or imposing any fine or

reprimand on the holder of such registration, or before issuing any

order directing the cessation of unregistered activity shall send

notification of such action to the holder. Such notice shall be provided

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

registrant or the person deemed to have engaged in such unregistered

activities, of any charges made and shall afford the person an

opportunity to be heard in person or by counsel in reference thereto.

Such written notice may be served upon the registrant in person or by

mailing the notice by certified mail to the registrant to the last known

business address of such person, or by any method authorized by the

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

shall be at such time and place as the secretary shall prescribe. After

the applicant is notified of such denial, in the event a certificate of

registration or temporary certificate of registration or an application

is denied, no such registration shall be issued to such former

registrant or applicant for at least six months, nor thereafter, except

at the discretion of the secretary. The applicant or registrant may be

heard in person or by counsel. Such hearing shall be at such time and

place as the secretary shall prescribe.

3. In any hearing held pursuant to the provisions of this article, the

secretary acting by such officer or person in the department as he or

she may designate, shall have the power to subpoena and bring before the

officer or person so designated any person in this state, or document,

record or relevant evidence, and administer an oath to and take the

testimony of any such person or cause his or her deposition to be taken.

A subpoena issued under this section shall be regulated by the civil

practice law and rules.