Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
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 3451
Suspension and revocation of licenses; complaints and charges
Public Health (PBH) CHAPTER 45, ARTICLE 34, TITLE 4
§ 3451. Suspension and revocation of licenses; complaints and charges.
1. (a) Any person, public officer, or association, or the department may
for due cause, prefer charges pursuant to the provisions of this chapter
against any licensee.

(b) Such charges shall be in writing and verified under oath and shall
be submitted to the department.

2. (a) The commissioner or any person or persons appointed by him for
the purpose, may hold a preliminary hearing to determine whether a trial
on the formal charges is necessary.

(b) The commissioner may dismiss the charges and take no action
thereon, by formal hearing or otherwise, in his discretion, in the event
that he or the person or persons thus appointed by him do not deem a
formal hearing necessary, in which event the charges and the order
dismissing the charges shall be filed with the department.

3. (a) If the commissioner or the person or persons thus appointed by
him decide that the charges shall be heard, the commissioner shall
designate a hearing officer to determine the charges and set a time and
place for a hearing.

(b) A copy of the charges, together with notice of the time and place
of the hearing, shall be served on the accused in accordance with
section twelve-a of this chapter.

4. (a) Upon the conclusion of the hearing, the commissioner may revoke
the license of the accused, or suspend such license for a fixed period,
or reprimand, or take such other disciplinary action in accordance with
this article, or dismiss the charges.

(b) An order or suspension made by the commissioner may contain such
provisions as to reinstatement of the license as the commissioner shall
direct.

(c) The commissioner, in his discretion, may direct a rehearing or
take additional evidence, and may rescind or affirm the prior
determination after such rehearing, but nothing in this subdivision
shall preclude appropriate relief under article seventy-eight of the
civil practice act.