N.Y. Labor Law § 938: Denial of license; complaints; notice of hearing

§ 938. Denial of license; complaints; notice of hearing. 1. The

commissioner shall, before making a determination to deny an application

for a license, notify the applicant in writing of the reasons for such

proposed denial and afford the applicant an opportunity to be heard in

person or by counsel prior to denial of the application. Such notice

shall notify the applicant that a request for a hearing must be made

within thirty days after issuance of such notification. If a hearing is

requested, such hearing shall be held at such time and place as the

commissioner shall prescribe.

2. If the applicant fails to make a written request for a hearing

within thirty days after issuance of such notification, then the

notification of denial shall become the final determination of the

commissioner. The commissioner shall have subpoena powers regulated by

the civil practice law and rules. If, after such hearing, the

application is denied, written notice of such denial shall be served

upon the applicant.

3. The commissioner shall, before revoking or suspending any license

or imposing any fine as authorized by this article or reprimand on the

holder thereof and at least ten days prior to the date set for the

hearing, notify in writing the holder of such license, of any charges

made and shall afford such person an opportunity to be heard in person

or by counsel in reference thereto. No prior notice and hearing is

required before the commissioner issues an order directing the cessation

of unlicensed activities.

4. Written notice must be served to the licensee or person charged.

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

commissioner shall prescribe.