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This entry was published on 2014-09-22
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SECTION 800
Denial of registration; complaints; notice of hearing
General Business (GBS) CHAPTER 20, ARTICLE 37-A
§ 800. Denial of registration; complaints; notice of hearing. 1.
Denial of registration. The secretary shall, before making a final
determination to deny an application for a registration, notify the
applicant in writing of the reasons for such denial and shall afford the
applicant an opportunity to be heard in person or by counsel prior to
the denial of the application. Such notification shall be served
personally or by 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 secretary shall
prescribe. If the applicant 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 secretary. If,
after hearing, the registration is denied, written notice of such denial
shall be served upon the registrant personally or by certified mail or
in any manner authorized by the civil practice law and rules.

2. Revocation, suspension, reprimands, fines. The secretary shall,
before revoking or suspending any registration or imposing any fine or
reprimand on the holder of such registration, or before issuing any
order directing the cessation of unregistered activity shall send
notification of such action to the holder. Such notice shall be provided
at least ten days prior to the date set for the hearing, notify the
registrant or the person deemed to have engaged in such unregistered
activities, of any charges made and shall afford the person an
opportunity to be heard in person or by counsel in reference thereto.
Such written notice may be served upon the registrant in person or by
mailing the notice by certified mail to the registrant to the last known
business address of such person, or by any method authorized by the
civil practice law and rules for the service of a summons. The hearing
shall be at such time and place as the secretary shall prescribe. After
the applicant is notified of such denial, in the event a certificate of
registration or temporary certificate of registration or an application
is denied, no such registration shall be issued to such former
registrant or applicant for at least six months, nor thereafter, except
at the discretion of the secretary. The applicant or registrant may be
heard in person or by counsel. Such hearing shall be at such time and
place as the secretary shall prescribe.

3. In any hearing held pursuant to the provisions of this article, the
secretary acting by such officer or person in the department as he or
she may designate, shall have the power to subpoena and bring before the
officer or person so designated any person in this state, or document,
record or relevant evidence, and administer an oath to and take the
testimony of any such 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.