N.Y. Public Health Law § 3552: Suspension or revocation

§ 3552. Suspension or revocation. 1. The license of a tanning facility

may be suspended for a fixed period, revoked or annulled, upon a finding

that a licensee:

(a) is guilty of fraud or bribery in securing a license;

(b) has made any false statement as to a material matter in any

application or any other statement required by this article;

(c) failed to display the license or warning signs as provided in this

article; or

(d) violated any provision of this article or any rule or regulation

adopted pursuant to this article.

2. In lieu of revoking, suspending or annulling a license, the

department may assess a civil penalty, not exceeding two hundred fifty

dollars, for a violation of any provision of this article or any rule or

regulation adopted pursuant to this article.

3. Before revoking, suspending or annulling a license, or imposing any

civil penalty upon a licensee, the department shall notify the licensee

in writing of the proposed action and shall afford the licensee an

opportunity to be heard in person or by counsel. Such notice may be

served by personal delivery to the licensee or by mailing it by

certified mail to the last known address on file with the department or

by any method authorized by the civil practice law and rules. The

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

department shall prescribe.

4. The department shall have the power to suspend a license pending a

hearing and to subpoena and bring before the officer or person

conducting the hearing any person in the state, and administer an oath

to take testimony of any person or cause his or her deposition to be

taken. A subpoena issued under this section shall be subject to the

provisions of the civil practice law and rules.