§ 3511 — Proceedings for suspension or revocation

§ 3511. Proceedings for suspension or revocation. 1. Proceedings\nagainst any licensee under this section shall be begun by filing with\nthe department a written charge or charges in the form of a petition\nunder oath against such licensee. The charges may be preferred by any\nperson, corporation, association or public officer, or by the department\nin the first instance.\n 2. If the commissioner decides that the charges should be heard, the\ncommissioner shall appoint a hearing officer to hear and report on the\ncharges and shall set a time and place for the hearing. A copy of the\ncharges, together with a notice of the time and place of hearing, shall\nbe served on the accused at least fifteen days before the date fixed for\nthe hearing.\n 3. The respondent in all such cases brought under this section shall,\nat least five days before the return date of the petition containing the\ncharges, file with the department a verified answer, in duplicate, to\nthe allegations set forth in such petition. The accused shall have the\nopportunity at such hearing to appear either personally or by counsel,\nto cross-examine witnesses and to produce evidence and witnesses in his\nor her defense.\n 4. Upon the conclusion of the hearing, the hearing officer shall make\na written report of findings and conclusions and shall transmit them,\ntogether with a recommendation, to the commissioner. If the accused is\nfound not guilty by the commissioner, the commissioner shall order a\ndismissal of the charges and an exoneration. If the accused is found\nguilty of the charges, or any of them, the commissioner shall, in his or\nher discretion, issue an order suspending, revoking or annulling the\nlicense registration or certificate of the accused, or otherwise\ndisciplining him or her.\n 5. Where the license registration or certificate of any person has\nbeen revoked or annulled, as provided in this title, the department may,\nafter the expiration of two years, entertain an application for\nrestoration of such license or registration.\n 6. A licensee whose license registration or certificate has been\nsuspended, revoked or annulled, or who is otherwise disciplined under\nthis article, may commence a proceeding under article seventy-eight of\nthe civil practice law and rules in the supreme court, Albany county,\nfor the purpose of reviewing such determination, but no such\ndetermination shall be stayed or enjoined except after notice to the\nattorney general of the commencement of the proceeding.\n