§ 401 — Licenses

New York § 401

• Jurisdiction: New York
• Law SAP: State Administrative Procedure Act
• Art. 4: Licenses

Text

§ 401. Licenses. 1. When licensing is required by law to be preceded\nby notice and opportunity for hearing, the provisions of this chapter\nconcerning adjudicatory proceedings apply. For purposes of this act,\nstatutes providing an opportunity for hearing shall be deemed to include\nstatutes providing an opportunity to be heard.\n 2. When a licensee has made timely and sufficient application for the\nrenewal of a license or a new license with reference to any activity of\na continuing nature, the existing license does not expire until the\napplication has been finally determined by the agency, and, in case the\napplication is denied or the terms of the new license limited, until the\nlast day for seeking review of the agency order or a later date fixed by\norder of the reviewing court, provided that this subdivision shall not\naffect any valid agency action then in effect summarily suspending such\nlicense.\n 3. If the agency finds that public health, safety, or welfare\nimperatively requires emergency action, and incorporates a finding to\nthat effect in its order, summary suspension of a license may be\nordered, effective on the date specified in such order or upon service\nof a certified copy of such order on the licensee, whichever shall be\nlater, pending proceedings for revocation or other action. These\nproceedings shall be promptly instituted and determined.\n 4. When the hearing seeks the revocation of a license or permit\npreviously granted by the agency, either party shall, upon demand and at\nleast seven days prior to the hearing, disclose the evidence that the\nparty intends to introduce at the hearing, including documentary\nevidence and identification of witnesses, provided, however, the\nprovisions of this subdivision shall not be deemed to require the\ndisclosure of information or material otherwise protected by law from\ndisclosure, including information and material protected because of\nprivilege or confidentiality. If, after such disclosure, a party\ndetermines to rely upon other witnesses or information, the party shall,\nas soon as practicable, supplement its disclosure by providing the names\nof such witnesses or the additional documents.\n