§ 444-I — Denial of license; complaints; notice of hearing

New York § 444-I

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 12-B: Home Inspection Professional Licensing

Text

§ 444-i. Denial of license; complaints; notice of hearing. The\ndepartment shall, before making a final determination to deny an\napplication for a license, revoke a license, suspend a license, issue a\nreprimand, or impose a civil penalty for violation of this article,\nnotify the applicant or licensee in writing of the reasons for such\nproposed denial, revocation, suspension, reprimand, or imposition of a\ncivil penalty and afford the applicant or licensee an opportunity to be\nheard in person or by counsel. Such notification shall be served\npersonally or by certified mail or in any manner authorized by the civil\npractice law and rules for service of a summons. If a hearing is\nrequested, such hearing shall be held at such time and place as the\ndepartment shall prescribe and shall be conducted in accordance with the\nprovisions of the state administrative procedure act. If the applicant\nor licensee fails to make a written request for a hearing within thirty\ndays after receipt of such notification, then the notification shall\nbecome the final determination of the department. The department, acting\nby such officer or person in the department as the secretary may\ndesignate, shall have the power to subpoena and bring before the officer\nor person so designated any person in this state and administer an oath\nto and take testimony of any person or cause his or her deposition to be\ntaken. A subpoena issued under this section shall be regulated by the\ncivil practice law and rules. If, after such hearing, the license is\ndenied, revoked, or suspended, a reprimand is issued, or a civil penalty\nis imposed, written notice of such determination shall be served upon\nthe applicant or licensee personally or by certified mail or in any\nmanner authorized by the civil practice law and rules for the service of\na summons.\n