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This entry was published on 2014-09-22
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SECTION 750-I
Hearing on charges; decision
General Business (GBS) CHAPTER 20, ARTICLE 35-C
§ 750-i. Hearing on charges; decision. 1. No license shall be
suspended or revoked nor shall any fine or reprimand be imposed until
after 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 of at least ten days. The notice shall be served either
personally or 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. The licensee shall have the opportunity to be
heard in his defense either in person or by counsel and may produce
witnesses and testify in his behalf. A stenographic record of the
hearing shall be taken and preserved. Within ten days after a hearing a
licensee shall receive a stenographic record of the hearing upon payment
of fifty percent of the cost of preparation of such record. The hearing
may be adjourned upon a showing of good cause at least five days before
the hearing, in writing, to a hearing officer. The person conducting the
hearing shall make a written report of his 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 in lieu thereof imposing a fine or reprimand upon the
licensee.

2. Any person who has had their application for a license rejected
shall be entitled to a hearing before an officer or employee of the
department of state designated for such purpose by the secretary of
state, upon notice to such person of at least ten days. Notice shall be
served either personally or by certified mail and shall state the date
and place of hearing and set forth the ground or grounds constituting
the rejection of such application for license. The 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 own behalf.
A stenographic record of the hearing shall be taken and preserved.
Within ten days after a hearing an applicant shall receive a
stenographic record of the hearing upon payment of fifty percent of the
cost of the preparation of such record. The hearing may be adjourned
upon a showing of good cause at least five days before the hearing, in
writing, to a hearing officer. 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
either grant a license or reject the license application.

3. 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.

4. Strict rules of evidence do not apply to hearings held pursuant to
this article.