§ 79 — Hearings, notice, determinations, review

§ 79. Hearings, notice, determinations, review. 1. The department of\nstate shall have the power to revoke or suspend any license, or in lieu\nthereof to impose a fine not exceeding one thousand dollars payable to\nthe department of state, or reprimand any licensee or deny an\napplication for a license or renewal thereof upon proof:\n (a) that the applicant or licensee has violated any of the provisions\nof this article or the rules and regulations promulgated hereunder;\n (b) that the applicant or licensee has practiced fraud, deceit or\nmisrepresentation;\n (c) that the applicant or licensee has made a material misstatement in\nthe application for or renewal of his license;\n (d) that the applicant or licensee has demonstrated incompetence or\nuntrustworthiness in his actions;\n (e) that the applicant or licensee has violated any of the provisions\nof article seven-A of this chapter or the rules and regulations\npromulgated thereunder.\n 2. The department of state shall, before denying an application for a\nlicense or before revoking or suspending any license, excepting a\ntemporary suspension as provided in subdivision five of this section, or\nimposing any fine or reprimand, and at least fifteen days prior to the\ndate set for the hearing, and upon due notice to the complainant or\nobjector, notify in writing the applicant for, or the holder of such\nlicense of any charge made and shall afford said applicant, or licensee,\nan opportunity to be heard in person or by counsel in reference thereto.\nSuch written notice may be served by delivery of same personally to the\napplicant or licensee, or by mailing same by certified mail to the last\nknown business address of such applicant or licensee.\n 3. The hearing on such charges shall be at such time and place as the\ndepartment of state shall prescribe and shall be conducted by such\nofficer or person in the department as the secretary of state may\ndesignate, who shall have the power to subpoena and bring before the\nofficer or person so designated any person in this state, and administer\nan oath to and take testimony of any person or cause his deposition to\nbe taken. A subpoena issued under this section shall be regulated by the\ncivil practice law and rules. Such officer or person in the department\nof state designated to take such testimony shall not be bound by common\nlaw or statutory rules of evidence or by technical or formal rules of\nprocedure.\n 4. In the event that the department shall deny the application for, or\nrevoke or suspend any such license, or impose any fine or reprimand, its\ndetermination shall be in writing and officially signed. The original of\nsuch determination, when so signed, shall be filed in the office of the\ndepartment and copies thereof shall be mailed to the applicant or\nlicensee and to the complainant within two days after the filing thereof\nas herein prescribed.\n 5. The department, acting by the officer or person designated to\nconduct the hearing pursuant to subdivision three above or by such other\nofficer or person in the department as the secretary of state may\ndesignate, shall have the power to suspend the license of any licensee\nwho has been convicted in this state or any other state or territory of\na felony or of any misdemeanor or offense enumerated under subdivision\ntwo of section seventy-four or under section eighty-four of this chapter\nfor a period not exceeding thirty days pending a hearing and a\ndetermination of charges made against him. If such hearing is adjourned\nat the request of the licensee, or by reason of any act or omission by\nhim or on his behalf, such suspension may be continued for the\nadditional period of such adjournment.\n 6. The action of the department of state in granting or refusing to\ngrant or to renew a license under this article or in revoking or\nsuspending or refusing to revoke or suspend such a license or imposing\nany fine or reprimand shall be subject to review by a proceeding\ninstituted under article seventy-eight of the civil practice law and\nrules at the instance of the applicant for such license, the holder of a\nlicense so revoked, suspended, fined or reprimanded or the person\naggrieved.\n