N.Y. State Administrative Procedure Act § 401: Licenses

§ 401. Licenses. 1. When licensing is required by law to be preceded

by notice and opportunity for hearing, the provisions of this chapter

concerning adjudicatory proceedings apply. For purposes of this act,

statutes providing an opportunity for hearing shall be deemed to include

statutes providing an opportunity to be heard.

2. When a licensee has made timely and sufficient application for the

renewal of a license or a new license with reference to any activity of

a continuing nature, the existing license does not expire until the

application has been finally determined by the agency, and, in case the

application is denied or the terms of the new license limited, until the

last day for seeking review of the agency order or a later date fixed by

order of the reviewing court, provided that this subdivision shall not

affect any valid agency action then in effect summarily suspending such

license.

3. If the agency finds that public health, safety, or welfare

imperatively requires emergency action, and incorporates a finding to

that effect in its order, summary suspension of a license may be

ordered, effective on the date specified in such order or upon service

of a certified copy of such order on the licensee, whichever shall be

later, pending proceedings for revocation or other action. These

proceedings shall be promptly instituted and determined.

4. When the hearing seeks the revocation of a license or permit

previously granted by the agency, either party shall, upon demand and at

least seven days prior to the hearing, disclose the evidence that the

party intends to introduce at the hearing, including documentary

evidence and identification of witnesses, provided, however, the

provisions of this subdivision shall not be deemed to require the

disclosure of information or material otherwise protected by law from

disclosure, including information and material protected because of

privilege or confidentiality. If, after such disclosure, a party

determines to rely upon other witnesses or information, the party shall,

as soon as practicable, supplement its disclosure by providing the names

of such witnesses or the additional documents.