N.Y. Public Health Law § 3451: Suspension and revocation of licenses; complaints and charges

§ 3451. Suspension and revocation of licenses; complaints and charges.

1. (a) Any person, public officer, or association, or the department may

for due cause, prefer charges pursuant to the provisions of this chapter

against any licensee.

(b) Such charges shall be in writing and verified under oath and shall

be submitted to the department.

2. (a) The commissioner or any person or persons appointed by him for

the purpose, may hold a preliminary hearing to determine whether a trial

on the formal charges is necessary.

(b) The commissioner may dismiss the charges and take no action

thereon, by formal hearing or otherwise, in his discretion, in the event

that he or the person or persons thus appointed by him do not deem a

formal hearing necessary, in which event the charges and the order

dismissing the charges shall be filed with the department.

3. (a) If the commissioner or the person or persons thus appointed by

him decide that the charges shall be heard, the commissioner shall

designate a hearing officer to determine the charges and set a time and

place for a hearing.

(b) A copy of the charges, together with notice of the time and place

of the hearing, shall be served on the accused in accordance with

section twelve-a of this chapter.

4. (a) Upon the conclusion of the hearing, the commissioner may revoke

the license of the accused, or suspend such license for a fixed period,

or reprimand, or take such other disciplinary action in accordance with

this article, or dismiss the charges.

(b) An order or suspension made by the commissioner may contain such

provisions as to reinstatement of the license as the commissioner shall

direct.

(c) The commissioner, in his discretion, may direct a rehearing or

take additional evidence, and may rescind or affirm the prior

determination after such rehearing, but nothing in this subdivision

shall preclude appropriate relief under article seventy-eight of the

civil practice act.