N.Y. Public Health Law § 463: Denial of permit; notice of hearing

§ 463. Denial of permit; notice of hearing. The department shall,

before making a final determination to deny an application for a permit,

notify the applicant in writing of the reasons for such proposed denial

and shall afford the applicant an opportunity to be heard in person or

by counsel prior to denial of the application. Such notification shall

be served personally or by certified 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

department 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 of denial shall become the final

determination of the department. The department, acting by such officer

as the commissioner may designate, shall have the power to subpoena and

bring before the officer any person in this state, and administer an

oath to and take testimony of any person or cause his deposition to be

taken. A subpoena issued under this section shall be 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

personally or by certified mail or in any manner authorized by the civil

practice law and rules for the service of a summons.