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This entry was published on 2014-09-22
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Denial of license; complaints; notice of hearing
Real Property (RPP) CHAPTER 50, ARTICLE 12-B
§ 444-i. Denial of license; complaints; notice of hearing. The
department shall, before making a final determination to deny an
application for a license, revoke a license, suspend a license, issue a
reprimand, or impose a civil penalty for violation of this article,
notify the applicant or licensee in writing of the reasons for such
proposed denial, revocation, suspension, reprimand, or imposition of a
civil penalty and afford the applicant or licensee an opportunity to be
heard in person or by counsel. 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 and shall be conducted in accordance with the
provisions of the state administrative procedure act. If the applicant
or licensee 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 department. The department, acting
by such officer or person in the department as the secretary 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 or her 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 license is
denied, revoked, or suspended, a reprimand is issued, or a civil penalty
is imposed, written notice of such determination shall be served upon
the applicant or licensee personally or by certified mail or in any
manner authorized by the civil practice law and rules for the service of
a summons.