442 - Hearing on charges; decision. - New York Statutes

§ 442. Hearing on charges; decision. No license or certificate shall be suspended or revoked or any fine or reprimand imposed upon the holder thereof until after a hearing had before an officer or employee of the department designated for such purpose by the secretary of state, upon notice to the licensee of at least ten days. The notice shall be served either personally or by certified mail and shall state the date and place of hearing and set forth the ground or grounds constituting the charges against the licensee. The licensee or registrant shall be heard in his defense either in person or by counsel and may produce witnesses and testify in his behalf. A stenographic record of the hearing shall be taken and preserved. The hearing may be adjourned from time to time. The person conducting the hearing shall make a written report of his findings and a recommendation to the secretary of state for decision. The secretary of state shall review such findings and the recommendation and, after due deliberation, shall issue an order accepting, modifying or rejecting such recommendation and dismissing the charges, suspending or revoking the license or certificate or in lieu thereof imposing a fine or reprimand upon the licensee. For the purpose of this article, the secretary of state or any officer or employee of the department designated by him, may administer oaths, take testimony, subpoena witnesses and compel the production of books, papers, records and documents deemed pertinent to the subject of investigation.