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This entry was published on 2014-09-22
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SECTION 463
Denial of permit; notice of hearing
Public Health (PBH) CHAPTER 45, ARTICLE 4-A
§ 463. Denial of permit; notice of hearing. The department shall,
before making a final determination to deny an application for a permit,
notify the applicant in writing of the reasons for such proposed denial
and shall afford the applicant an opportunity to be heard in person or
by counsel prior to denial of the application. Such notification shall
be served personally or by certified 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
department 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 of denial shall become the final
determination of the department. The department, acting by such officer
as the commissioner may designate, shall have the power to subpoena and
bring before the officer any person in this state, and administer an
oath to and take testimony of any person or cause his deposition to be
taken. A subpoena issued under this section shall be regulated by the
civil practice law and rules. If, after such hearing, the application is
denied, written notice of such denial shall be served upon the applicant
personally or by certified mail or in any manner authorized by the civil
practice law and rules for the service of a summons.