Legislation
SECTION 401
Licenses
State Administrative Procedure Act (SAP) CHAPTER 82, ARTICLE 4
§ 401. Licenses. 1. When licensing is required by law to be preceded
by notice and opportunity for hearing, the provisions of this chapter
concerning adjudicatory proceedings apply. For purposes of this act,
statutes providing an opportunity for hearing shall be deemed to include
statutes providing an opportunity to be heard.
2. When a licensee has made timely and sufficient application for the
renewal of a license or a new license with reference to any activity of
a continuing nature, the existing license does not expire until the
application has been finally determined by the agency, and, in case the
application is denied or the terms of the new license limited, until the
last day for seeking review of the agency order or a later date fixed by
order of the reviewing court, provided that this subdivision shall not
affect any valid agency action then in effect summarily suspending such
license.
3. If the agency finds that public health, safety, or welfare
imperatively requires emergency action, and incorporates a finding to
that effect in its order, summary suspension of a license may be
ordered, effective on the date specified in such order or upon service
of a certified copy of such order on the licensee, whichever shall be
later, pending proceedings for revocation or other action. These
proceedings shall be promptly instituted and determined.
4. When the hearing seeks the revocation of a license or permit
previously granted by the agency, either party shall, upon demand and at
least seven days prior to the hearing, disclose the evidence that the
party intends to introduce at the hearing, including documentary
evidence and identification of witnesses, provided, however, the
provisions of this subdivision shall not be deemed to require the
disclosure of information or material otherwise protected by law from
disclosure, including information and material protected because of
privilege or confidentiality. If, after such disclosure, a party
determines to rely upon other witnesses or information, the party shall,
as soon as practicable, supplement its disclosure by providing the names
of such witnesses or the additional documents.
by notice and opportunity for hearing, the provisions of this chapter
concerning adjudicatory proceedings apply. For purposes of this act,
statutes providing an opportunity for hearing shall be deemed to include
statutes providing an opportunity to be heard.
2. When a licensee has made timely and sufficient application for the
renewal of a license or a new license with reference to any activity of
a continuing nature, the existing license does not expire until the
application has been finally determined by the agency, and, in case the
application is denied or the terms of the new license limited, until the
last day for seeking review of the agency order or a later date fixed by
order of the reviewing court, provided that this subdivision shall not
affect any valid agency action then in effect summarily suspending such
license.
3. If the agency finds that public health, safety, or welfare
imperatively requires emergency action, and incorporates a finding to
that effect in its order, summary suspension of a license may be
ordered, effective on the date specified in such order or upon service
of a certified copy of such order on the licensee, whichever shall be
later, pending proceedings for revocation or other action. These
proceedings shall be promptly instituted and determined.
4. When the hearing seeks the revocation of a license or permit
previously granted by the agency, either party shall, upon demand and at
least seven days prior to the hearing, disclose the evidence that the
party intends to introduce at the hearing, including documentary
evidence and identification of witnesses, provided, however, the
provisions of this subdivision shall not be deemed to require the
disclosure of information or material otherwise protected by law from
disclosure, including information and material protected because of
privilege or confidentiality. If, after such disclosure, a party
determines to rely upon other witnesses or information, the party shall,
as soon as practicable, supplement its disclosure by providing the names
of such witnesses or the additional documents.