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This entry was published on 2014-09-22
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SECTION 3552
Suspension or revocation
Public Health (PBH) CHAPTER 45, ARTICLE 35-A
§ 3552. Suspension or revocation. 1. The license of a tanning facility
may be suspended for a fixed period, revoked or annulled, upon a finding
that a licensee:

(a) is guilty of fraud or bribery in securing a license;

(b) has made any false statement as to a material matter in any
application or any other statement required by this article;

(c) failed to display the license or warning signs as provided in this
article; or

(d) violated any provision of this article or any rule or regulation
adopted pursuant to this article.

2. In lieu of revoking, suspending or annulling a license, the
department may assess a civil penalty, not exceeding two hundred fifty
dollars, for a violation of any provision of this article or any rule or
regulation adopted pursuant to this article.

3. Before revoking, suspending or annulling a license, or imposing any
civil penalty upon a licensee, the department shall notify the licensee
in writing of the proposed action and shall afford the licensee an
opportunity to be heard in person or by counsel. Such notice may be
served by personal delivery to the licensee or by mailing it by
certified mail to the last known address on file with the department or
by any method authorized by the civil practice law and rules. The
hearing on such charges shall be at such time and place as the
department shall prescribe.

4. The department shall have the power to suspend a license pending a
hearing and to subpoena and bring before the officer or person
conducting the hearing any person in the state, and administer an oath
to take testimony of any person or cause his or her deposition to be
taken. A subpoena issued under this section shall be subject to the
provisions of the civil practice law and rules.