New York § 3451 Suspension and revocation of licenses; complaints and charges

New York Statutes

§ 3451 — Suspension and revocation of licenses; complaints and charges

New York § 3451

Law PBHPublic Health

Title 4Enforcement and Discipline; Violations and Penalties

Art. 34Funeral Directing

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Bluebook

N.Y. Public Health § 3451 (2026).

Text

§ 3451. Suspension and revocation of licenses; complaints and charges.\n1.

(a)Any person, public officer, or association, or the department may\nfor due cause, prefer charges pursuant to the provisions of this chapter\nagainst any licensee.\n (b) Such charges shall be in writing and verified under oath and shall\nbe submitted to the department.\n 2.

(a)The commissioner or any person or persons appointed by him for\nthe purpose, may hold a preliminary hearing to determine whether a trial\non the formal charges is necessary.\n (b) The commissioner may dismiss the charges and take no action\nthereon, by formal hearing or otherwise, in his discretion, in the event\nthat he or the person or persons thus appointed by him do not deem a\nformal hearing necessary, in which event the charges

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§ 3451. Suspension and revocation of licenses; complaints and charges.\n1. (a) Any person, public officer, or association, or the department may\nfor due cause, prefer charges pursuant to the provisions of this chapter\nagainst any licensee.\n (b) Such charges shall be in writing and verified under oath and shall\nbe submitted to the department.\n 2. (a) The commissioner or any person or persons appointed by him for\nthe purpose, may hold a preliminary hearing to determine whether a trial\non the formal charges is necessary.\n (b) The commissioner may dismiss the charges and take no action\nthereon, by formal hearing or otherwise, in his discretion, in the event\nthat he or the person or persons thus appointed by him do not deem a\nformal hearing necessary, in which event the charges and the order\ndismissing the charges shall be filed with the department.\n 3. (a) If the commissioner or the person or persons thus appointed by\nhim decide that the charges shall be heard, the commissioner shall\ndesignate a hearing officer to determine the charges and set a time and\nplace for a hearing.\n (b) A copy of the charges, together with notice of the time and place\nof the hearing, shall be served on the accused in accordance with\nsection twelve-a of this chapter.\n 4. (a) Upon the conclusion of the hearing, the commissioner may revoke\nthe license of the accused, or suspend such license for a fixed period,\nor reprimand, or take such other disciplinary action in accordance with\nthis article, or dismiss the charges.\n (b) An order or suspension made by the commissioner may contain such\nprovisions as to reinstatement of the license as the commissioner shall\ndirect.\n (c) The commissioner, in his discretion, may direct a rehearing or\ntake additional evidence, and may rescind or affirm the prior\ndetermination after such rehearing, but nothing in this subdivision\nshall preclude appropriate relief under article seventy-eight of the\ncivil practice act.\n