Legislation

Search OpenLegislation Statutes
This entry was published on 2021-06-18
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 25.31
Suspension or revocation of licenses
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE G, ARTICLE 25
* § 25.31. Suspension or revocation of licenses. 1. Powers of
department of state. The department of state may deny an application or
may revoke or suspend a license issued pursuant to this article, impose
a fine not exceeding one thousand dollars per violation payable to the
department of state, issue a reprimand and order restitution upon proof
to the satisfaction of the secretary of state that the holder thereof
has: (a) violated any provision of this article or any rule or
regulation adopted hereunder; (b) made a material misstatement in the
application for such license; (c) engaged in fraud or fraudulent
practices; (d) demonstrated untrustworthiness or incompetency; or (e)
been convicted of serious offense or misdemeanor which, in the
discretion of the secretary, bears such a relationship to licensure as
to constitute a bar to licensure or renewal.

2. Determination of department of state. In the event that the
department of state shall revoke or suspend any such license, or impose
any fine or reprimand on the holder thereof, its determination shall be
in writing and officially signed. The original of such determination,
when so signed, shall be filed with the department of state and copies
thereof shall be served personally or by certified mail upon the
licensee or applicant and addressed to the principal place of business
of such licensee.

3. No license shall be suspended or revoked nor shall any fine or
reprimand be imposed, nor shall any application be denied, until after
an opportunity for a hearing had before an officer or employee of the
department of state designated for such purpose by the secretary of
state upon notice to the licensee or applicant of at least ten days. The
notice shall be served by certified mail and shall state the date and
place of hearing and set forth the ground or grounds constituting the
charges against the licensee or the reasons for the proposed denial of
the application. The licensee or applicant shall have the opportunity to
be heard in his or her defense either in person or by counsel and may
produce witnesses and testify on his or her behalf. A stenographic
record of the hearing shall be taken and preserved. The hearing may be
adjourned from time to time. The person conducting the hearing shall
make a written report of his or her findings and a recommendation to the
secretary of state for decision. The secretary of state shall review
such findings and the recommendation and, after due deliberation, shall
issue an order accepting, modifying or rejecting such recommendation and
dismissing the charges or suspending or revoking the license or imposing
a fine or reprimand upon the licensee. For the purpose of this article,
the secretary of state or any officer or employee of the department of
state designated by him or her, may administer oaths, take testimony,
subpoena witnesses and compel the production of books, papers, records
and documents deemed pertinent to the subject of investigation.

* NB Repealed July 1, 2022