§ 441-E — Denial of license; complaints; notice of hearing

§ 441-e. Denial of license; complaints; notice of hearing. 1. Denial\nof license. The department of state shall, before making a final\ndetermination to deny an application for a license, notify the applicant\nin writing of the reasons for such proposed denial and shall afford the\napplicant an opportunity to be heard in person or by counsel prior to\ndenial of the application. Such notification shall be served personally\nor by certified mail or in any manner authorized by the civil practice\nlaw and rules. If the applicant is a salesperson or has applied to\nbecome a salesperson, the department shall also notify the broker with\nwhom such salesperson is associated, or with whom such salesperson or\napplicant is about to become associated, of such proposed denial. If a\nhearing is requested, such hearing shall be held at such time and place\nas the department shall prescribe. If the applicant fails to make a\nwritten request for a hearing within thirty days after receipt of such\nnotification, then the notification of denial shall become the final\ndetermination of the department. The department, acting by such officer\nor person in the department as the secretary of state may designate,\nshall have the power to subpoena and bring before the officer or person\nso designated any person in this state, and administer an oath to and\ntake testimony of any person or cause their deposition to be taken. A\nsubpoena issued under this section shall be regulated by the civil\npractice law and rules. If, after such hearing, the application is\ndenied, written notice of such denial shall be served upon the applicant\npersonally or by certified mail or in any manner authorized by the civil\npractice law and rules, and if the applicant is a salesperson, or has\napplied to become a salesperson, the department shall notify the broker\nwith whom such applicant is associated.\n 2. Revocation, suspension, reprimands, fines. The department of state\nshall, before revoking or suspending any license or imposing any fine or\nreprimand on the holder thereof or before imposing any fine upon any\nperson not licensed pursuant to this article who is deemed to be in\nviolation of section four hundred forty-two-h of this article, and at\nleast ten days prior to the date set for the hearing, notify in writing\nthe holder of such license or such unlicensed person of any charges made\nand shall afford such licensee or unlicensed person an opportunity to be\nheard in person or by counsel in reference thereto. Such written notice\nmay be served by delivery of same personally to the licensee, or by\nmailing same by certified mail to the last known business address of\nsuch licensee or unlicensed person, or by any method authorized by the\ncivil practice law and rules. If said licensee be a salesperson, the\ndepartment shall also notify the broker with whom they are associated of\nthe charges by mailing notice by certified mail to the broker's last\nknown business address. The hearing on such charges shall be at such\ntime and place as the department shall prescribe.\n 3. Power to suspend a license. The department, acting by such officer\nor person in the department as the secretary of state may designate,\nshall have the power to suspend a license pending a hearing and to\nsubpoena and bring before the officer or person so designated any person\nin this state, and administer an oath to and take testimony of any\nperson or cause his deposition to be taken. A subpoena issued under this\nsection shall be regulated by the civil practice law and rules.\n