§ 3552 — Suspension or revocation

§ 3552. Suspension or revocation. 1. The license of a tanning facility\nmay be suspended for a fixed period, revoked or annulled, upon a finding\nthat a licensee:\n (a) is guilty of fraud or bribery in securing a license;\n (b) has made any false statement as to a material matter in any\napplication or any other statement required by this article;\n (c) failed to display the license or warning signs as provided in this\narticle; or\n (d) violated any provision of this article or any rule or regulation\nadopted pursuant to this article.\n 2. In lieu of revoking, suspending or annulling a license, the\ndepartment may assess a civil penalty, not exceeding two hundred fifty\ndollars, for a violation of any provision of this article or any rule or\nregulation adopted pursuant to this article.\n 3. Before revoking, suspending or annulling a license, or imposing any\ncivil penalty upon a licensee, the department shall notify the licensee\nin writing of the proposed action and shall afford the licensee an\nopportunity to be heard in person or by counsel. Such notice may be\nserved by personal delivery to the licensee or by mailing it by\ncertified mail to the last known address on file with the department or\nby any method authorized by the civil practice law and rules. The\nhearing on such charges shall be at such time and place as the\ndepartment shall prescribe.\n 4. The department shall have the power to suspend a license pending a\nhearing and to subpoena and bring before the officer or person\nconducting the hearing any person in the state, and administer an oath\nto take testimony of any person or cause his or her deposition to be\ntaken. A subpoena issued under this section shall be subject to the\nprovisions of the civil practice law and rules.\n