State Codes and Statutes

Statutes > New-york > Sap > Article-4 > 401

§  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.

State Codes and Statutes

Statutes > New-york > Sap > Article-4 > 401

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Sap > Article-4 > 401

§  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.