§ 800 — Denial of registration; complaints; notice of hearing

§ 800. Denial of registration; complaints; notice of hearing. 1.\nDenial of registration. The secretary shall, before making a final\ndetermination to deny an application for a registration, notify the\napplicant in writing of the reasons for such denial and shall afford the\napplicant an opportunity to be heard in person or by counsel prior to\nthe denial of the application. Such notification shall be served\npersonally or by mail or in any manner authorized by the civil practice\nlaw and rules for service of a summons. If a hearing is requested, such\nhearing shall be held at such time and place as the secretary shall\nprescribe. If the applicant fails to make a written request for a\nhearing within thirty days after receipt of such notification, then the\nnotification shall become the final determination of the secretary. If,\nafter hearing, the registration is denied, written notice of such denial\nshall be served upon the registrant personally or by certified mail or\nin any manner authorized by the civil practice law and rules.\n 2. Revocation, suspension, reprimands, fines. The secretary shall,\nbefore revoking or suspending any registration or imposing any fine or\nreprimand on the holder of such registration, or before issuing any\norder directing the cessation of unregistered activity shall send\nnotification of such action to the holder. Such notice shall be provided\nat least ten days prior to the date set for the hearing, notify the\nregistrant or the person deemed to have engaged in such unregistered\nactivities, of any charges made and shall afford the person an\nopportunity to be heard in person or by counsel in reference thereto.\nSuch written notice may be served upon the registrant in person or by\nmailing the notice by certified mail to the registrant to the last known\nbusiness address of such person, or by any method authorized by the\ncivil practice law and rules for the service of a summons. The hearing\nshall be at such time and place as the secretary shall prescribe. After\nthe applicant is notified of such denial, in the event a certificate of\nregistration or temporary certificate of registration or an application\nis denied, no such registration shall be issued to such former\nregistrant or applicant for at least six months, nor thereafter, except\nat the discretion of the secretary. The applicant or registrant may be\nheard in person or by counsel. Such hearing shall be at such time and\nplace as the secretary shall prescribe.\n 3. In any hearing held pursuant to the provisions of this article, the\nsecretary acting by such officer or person in the department as he or\nshe may designate, shall have the power to subpoena and bring before the\nofficer or person so designated any person in this state, or document,\nrecord or relevant evidence, and administer an oath to and take the\ntestimony of any such person or cause his or her deposition to be taken.\nA subpoena issued under this section shall be regulated by the civil\npractice law and rules.\n