N.Y. Labor Law § 459: Denial or revocation of license or certificate

§ 459. Denial or revocation of license or certificate. 1. A license or

certificate, or the renewal thereof may be denied where the commissioner

has probable reason to believe, based on knowledge or reliable

information, or finds, after investigation, that the applicant or any

officer, servant, agent or employee of the applicant is not sufficiently

reliable and experienced to be authorized to own, possess, store,

transport, use, manufacture, deal in, sell, purchase or otherwise

handle, as the case may be, explosives, lacks suitable facilities

therefor, has been convicted of a felony, is disloyal or hostile to the

United States, has been confined as a patient or incarcerated individual

in a public or private institution for the treatment of mental diseases

or has been convicted under section four hundred eighty-four of the

general business law. Whenever the commissioner denies an application

for a license or certificate or the renewal thereof, within five days of

such denial, notice thereof and the reasons therefor shall be provided

in writing to the applicant. Such denial may be appealed to the

commissioner who shall follow the procedure provided by subdivision four

of this section.

2. The commissioner may revoke any certificate or license on any

ground or grounds authorized in subdivision one of this section for the

denial of a license or certificate, or for a violation of the terms of

such license or certificate, or for a violation of any provision of this

article or regulations promulgated hereunder, or for non-compliance with

any order issued by the commissioner within the time specified in such

order.

The commissioner may, where he or she has probable reason to believe,

based on knowledge or reliable information, that a licensee or

certificate holder is disloyal to the United States, summarily revoke

the license or certificate or may give such licensee or certificate

holder notice and opportunity to be heard as provided in subdivision

four of this section. Revocation of a license or certificate for any

other ground may be ordered only after giving written notice and an

opportunity to be heard to the holder thereof. Such notice shall specify

the ground or grounds on which it is proposed to revoke the license or

certificate. When a license or certificate is revoked, the commissioner

may direct the seizure and/or disposition of explosives held by such

licensee or certificate holder. Upon revocation of a license or

certificate by the commissioner, the holder thereof shall surrender the

license or certificate to the commissioner at once.

3. The commissioner may summarily suspend the license or certificate

pending proceedings for revocation or other action, where he or she has

reason to believe, based on knowledge or reliable information, that the

continued possession of a license or certificate poses a danger to

public health, safety or welfare, and incorporates a finding to that

effect in his or her order. These proceedings shall be promptly

instituted and determined. Such suspension shall be effective on the

date specified in the order or upon service of a certified copy of such

order on the license or certificate holder, whichever shall be later.

4. Unless, within fifteen days from the date of notice, the applicant

for a license or certificate or the recipient of a notice stating that

the commissioner proposes to revoke a license or certificate held by him

or her, shall file a written answer with the commissioner denying the

ground or grounds on which a license or certificate has been denied or

not renewed or ground or grounds on which revocation of a license or

certificate is sought, and shall request a hearing, the commissioner may

make a final determination respecting the application for a license or

certificate, or may revoke a license or certificate forthwith. If,

within such fifteen days, the applicant, licensee or certificate holder

files such answer and request for hearing, the commissioner shall

schedule a hearing. The notice of hearing shall state the time, place,

and subject of the hearing, and shall be mailed to the applicant,

certificate holder or licensee at his or her last known address at least

five days before the date of hearing. Hearings shall be held by the

commissioner or his or her representative, and the applicant,

certificate holder or licensee may appear in person or may be

represented by an agent. After such hearing, the commissioner shall

render a decision in writing.