N.Y. Real Property Law § 441-e: Denial of license; complaints; notice of hearing

§ 441-e. Denial of license; complaints; notice of hearing. 1. Denial

of license. The department of state shall, before making a final

determination to deny an application for a license, 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. If the applicant is a salesperson or has applied to

become a salesperson, the department shall also notify the broker with

whom such salesperson is associated, or with whom such salesperson or

applicant is about to become associated, of such proposed denial. 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

or person in the department as the secretary of state may designate,

shall have the power to subpoena and bring before the officer or person

so designated any person in this state, and administer an oath to and

take testimony of any person or cause their 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, and if the applicant is a salesperson, or has

applied to become a salesperson, the department shall notify the broker

with whom such applicant is associated.

2. Revocation, suspension, reprimands, fines. The department of state

shall, before revoking or suspending any license or imposing any fine or

reprimand on the holder thereof or before imposing any fine upon any

person not licensed pursuant to this article who is deemed to be in

violation of section four hundred forty-two-h of this article, and at

least ten days prior to the date set for the hearing, notify in writing

the holder of such license or such unlicensed person of any charges made

and shall afford such licensee or unlicensed person an opportunity to be

heard in person or by counsel in reference thereto. Such written notice

may be served by delivery of same personally to the licensee, or by

mailing same by certified mail to the last known business address of

such licensee or unlicensed person, or by any method authorized by the

civil practice law and rules. If said licensee be a salesperson, the

department shall also notify the broker with whom they are associated of

the charges by mailing notice by certified mail to the broker's last

known business address. The hearing on such charges shall be at such

time and place as the department shall prescribe.

3. Power to suspend a license. The department, acting by such officer

or person in the department as the secretary of state may designate,

shall have the power to suspend a license pending a hearing and to

subpoena and bring before the officer or person so designated 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.