State Codes and Statutes

Statutes > New-york > Rpp > Article-12-b > 444-i

§  444-i.  Denial  of  license;  complaints;  notice  of  hearing. The  department shall,  before  making  a  final  determination  to  deny  an  application  for a license, revoke a license, suspend a license, issue a  reprimand, or impose a civil penalty  for  violation  of  this  article,  notify  the  applicant  or  licensee  in writing of the reasons for such  proposed denial, revocation, suspension, reprimand, or imposition  of  a  civil  penalty and afford the applicant or licensee an opportunity to be  heard in person  or  by  counsel.  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 and shall be conducted in accordance with the  provisions  of  the state administrative procedure act. If the applicant  or licensee fails to make a written request for a hearing within  thirty  days  after  receipt  of  such notification, then the notification shall  become the final determination of the department. The department, acting  by such officer or  person  in  the  department  as  the  secretary  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 his or her 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 license is  denied, revoked, or suspended, a reprimand is issued, or a civil penalty  is imposed, written notice of such determination shall  be  served  upon  the  applicant  or  licensee  personally  or by certified mail or in any  manner authorized by the civil practice law and rules for the service of  a summons.

State Codes and Statutes

Statutes > New-york > Rpp > Article-12-b > 444-i

§  444-i.  Denial  of  license;  complaints;  notice  of  hearing. The  department shall,  before  making  a  final  determination  to  deny  an  application  for a license, revoke a license, suspend a license, issue a  reprimand, or impose a civil penalty  for  violation  of  this  article,  notify  the  applicant  or  licensee  in writing of the reasons for such  proposed denial, revocation, suspension, reprimand, or imposition  of  a  civil  penalty and afford the applicant or licensee an opportunity to be  heard in person  or  by  counsel.  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 and shall be conducted in accordance with the  provisions  of  the state administrative procedure act. If the applicant  or licensee fails to make a written request for a hearing within  thirty  days  after  receipt  of  such notification, then the notification shall  become the final determination of the department. The department, acting  by such officer or  person  in  the  department  as  the  secretary  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 his or her 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 license is  denied, revoked, or suspended, a reprimand is issued, or a civil penalty  is imposed, written notice of such determination shall  be  served  upon  the  applicant  or  licensee  personally  or by certified mail or in any  manner authorized by the civil practice law and rules for the service of  a summons.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpp > Article-12-b > 444-i

§  444-i.  Denial  of  license;  complaints;  notice  of  hearing. The  department shall,  before  making  a  final  determination  to  deny  an  application  for a license, revoke a license, suspend a license, issue a  reprimand, or impose a civil penalty  for  violation  of  this  article,  notify  the  applicant  or  licensee  in writing of the reasons for such  proposed denial, revocation, suspension, reprimand, or imposition  of  a  civil  penalty and afford the applicant or licensee an opportunity to be  heard in person  or  by  counsel.  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 and shall be conducted in accordance with the  provisions  of  the state administrative procedure act. If the applicant  or licensee fails to make a written request for a hearing within  thirty  days  after  receipt  of  such notification, then the notification shall  become the final determination of the department. The department, acting  by such officer or  person  in  the  department  as  the  secretary  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 his or her 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 license is  denied, revoked, or suspended, a reprimand is issued, or a civil penalty  is imposed, written notice of such determination shall  be  served  upon  the  applicant  or  licensee  personally  or by certified mail or in any  manner authorized by the civil practice law and rules for the service of  a summons.