N.Y. General Business Law 79 – Hearings, notice, determinations, review
§ 79. Hearings, notice, determinations, review. 1. The department of state shall have the power to revoke or suspend any license, or in lieu thereof to impose a fine not exceeding one thousand dollars payable to the department of state, or reprimand any licensee or deny an application for a license or renewal thereof upon proof:
Terms Used In N.Y. General Business Law 79
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Oath: A promise to tell the truth.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) that the applicant or licensee has violated any of the provisions of this article or the rules and regulations promulgated hereunder;
(b) that the applicant or licensee has practiced fraud, deceit or misrepresentation;
(c) that the applicant or licensee has made a material misstatement in the application for or renewal of his license;
(d) that the applicant or licensee has demonstrated incompetence or untrustworthiness in his actions;
(e) that the applicant or licensee has violated any of the provisions of article seven-A of this chapter or the rules and regulations promulgated thereunder.
2. The department of state shall, before denying an application for a license or before revoking or suspending any license, excepting a temporary suspension as provided in subdivision five of this section, or imposing any fine or reprimand, and at least fifteen days prior to the date set for the hearing, and upon due notice to the complainant or objector, notify in writing the applicant for, or the holder of such license of any charge made and shall afford said applicant, or licensee, an opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by delivery of same personally to the applicant or licensee, or by mailing same by certified mail to the last known business address of such applicant or licensee.
3. The hearing on such charges shall be at such time and place as the department of state shall prescribe and shall be conducted by such officer or person in the department as the secretary of state may designate, who shall have the power to subpoena and bring before the officer or person so designated any person in this state, and administer an oath to and take testimony of any person or cause his deposition to be taken. A subpoena issued under this section shall be regulated by the civil practice law and rules. Such officer or person in the department of state designated to take such testimony shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure.
4. In the event that the department shall deny the application for, or revoke or suspend any such license, or impose any fine or reprimand, its determination shall be in writing and officially signed. The original of such determination, when so signed, shall be filed in the office of the department and copies thereof shall be mailed to the applicant or licensee and to the complainant within two days after the filing thereof as herein prescribed.
5. The department, acting by the officer or person designated to conduct the hearing pursuant to subdivision three above or by such other officer or person in the department as the secretary of state may designate, shall have the power to suspend the license of any licensee who has been convicted in this state or any other state or territory of a felony or of any misdemeanor or offense enumerated under subdivision two of section seventy-four or under section eighty-four of this chapter for a period not exceeding thirty days pending a hearing and a determination of charges made against him. If such hearing is adjourned at the request of the licensee, or by reason of any act or omission by him or on his behalf, such suspension may be continued for the additional period of such adjournment.
6. The action of the department of state in granting or refusing to grant or to renew a license under this Article of the civil practice law and rules at the instance of the applicant for such license, the holder of a license so revoked, suspended, fined or reprimanded or the person aggrieved.