§ 411. Denial of license; complaints; notice of hearing. 1. Denial of\nlicense. The department shall, before making a final determination to\ndeny an application for a license, notify the applicant in writing of\nthe reasons for such proposed denial and shall afford the applicant an\nopportunity to be heard in person or by counsel prior to denial of the\napplication. Such notification shall be served personally or by\ncertified mail or in any manner authorized by the civil practice law and\nrules for service of a summons. If a hearing is requested, such hearing\nshall be held at such time and place as the department shall prescribe.\nIf the applicant fails to make a written request for a hearing within\nthirty days after receipt of such notification, then the notification of\ndenial shall become the final determination of the department. The\ndepartment, acting by such officer or person in the department as the\nsecretary may designate, shall have the power to subpoena and bring\nbefore the officer or person so designated any person in this state, and\nadminister an oath to and take testimony of any person or cause his\ndeposition to be taken. A subpoena issued under this section shall be\nregulated by the civil practice law and rules. If, after such hearing,\nthe application is denied, written notice of such denial shall be served\nupon the applicant personally or by certified mail or in any manner\nauthorized by the civil practice law and rules for the service of a\nsummons.\n 2. Revocation, suspension, reprimands, fines; unlicensed activities.\nThe department shall, before revoking or suspending any license or\nimposing any fine or reprimand on the holder thereof, or before issuing\nany order directing the cessation of unlicensed activities, and at least\nten days prior to the date set for the hearing, notify in writing the\nholder of such license, or the person alleged to have engaged in\nunlicensed activities, of any charges made and shall afford such person\nan opportunity to be heard in person or by counsel in reference thereto.\nSuch written notice may be served by delivery of same personally to the\nlicensee or person charged, or by mailing same by certified mail to the\nlast known business or other address provided by such person to the\nsecretary of state, or by any method authorized by the civil practice\nlaw and rules for the service of a summons. The hearing on such charges\nshall be at such time and place as the department shall prescribe.\n 3. The department, acting by such officer or person in the department\nas the secretary may designate, shall have the power to subpoena and\nbring before the officer or person so designated any person in this\nstate, and administer an oath to and take testimony of any person or\ncause his deposition to be taken. A subpoena issued under this section\nshall be regulated by the civil practice law and rules.\n
N.Y. Gen. Bus. Law § 411
Denial of license; complaints; notice of hearing
Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2016). View current text →
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.