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This entry was published on 2014-09-22
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SECTION 441-E
Denial of license; complaints; notice of hearing
Real Property (RPP) CHAPTER 50, ARTICLE 12-A
§ 441-e. Denial of license; complaints; notice of hearing. 1. Denial
of license. The department of state shall, before making a final
determination to deny an application for a license, 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. If the applicant is a salesman or has applied to become a
salesman, the department shall also notify the broker with whom such
salesman is associated, or with whom such salesman or applicant is about
to become associated, of such proposed denial. 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
or person in the department as the secretary of state may designate,
shall have the power to subpoena and bring before the officer or person
so designated 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, and if the applicant is a salesman, or has
applied to become a salesman, the department shall notify the broker
with whom such applicant is associated.

2. Revocation, suspension, reprimands, fines. The department of state
shall, before revoking or suspending any license or imposing any fine or
reprimand on the holder thereof or before imposing any fine upon any
person not licensed pursuant to this article who is deemed to be in
violation of section four hundred forty-two-h of this article, and at
least ten days prior to the date set for the hearing, notify in writing
the holder of such license or such unlicensed person of any charges made
and shall afford such licensee or unlicensed person an opportunity to be
heard in person or by counsel in reference thereto. Such written notice
may be served by delivery of same personally to the licensee, or by
mailing same by certified mail to the last known business address of
such licensee or unlicensed person, or by any method authorized by the
civil practice law and rules. If said licensee be a salesman, the
department shall also notify the broker with whom he is associated of
the charges by mailing notice by certified mail to the broker's last
known business address. The hearing on such charges shall be at such
time and place as the department shall prescribe.

3. Power to suspend a license. The department, acting by such officer
or person in the department as the secretary of state may designate,
shall have the power to suspend a license pending a hearing and to
subpoena and bring before the officer or person so designated 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.