N.Y. ACA Law § 25.31 — New York Code / Act ACA / Title G / Article 25 / Section 25.31
Suspension or revocation of licenses
Status: in_force

* § 25.31. Suspension or revocation of licenses. 1. Powers of\ndepartment of state. The department of state may deny an application or\nmay revoke or suspend a license issued pursuant to this article, impose\na fine not exceeding one thousand dollars per violation payable to the\ndepartment of state, issue a reprimand and order restitution upon proof\nto the satisfaction of the secretary of state that the holder thereof\nhas: (a) violated any provision of this article or any rule or\nregulation adopted hereunder; (b) made a material misstatement in the\napplication for such license; (c) engaged in fraud or fraudulent\npractices; (d) demonstrated untrustworthiness or incompetency; or (e)\nbeen convicted of serious offense or misdemeanor which, in the\ndiscretion of the secretary, bears such a relationship to licensure as\nto constitute a bar to licensure or renewal.\n  2. Determination of department of state. In the event that the\ndepartment of state shall revoke or suspend any such license, or impose\nany fine or reprimand on the holder thereof, its determination shall be\nin writing and officially signed. The original of such determination,\nwhen so signed, shall be filed with the department of state and copies\nthereof shall be served personally or by certified mail upon the\nlicensee or applicant and addressed to the principal place of business\nof such licensee.\n  3. No license shall be suspended or revoked nor shall any fine or\nreprimand be imposed, nor shall any application be denied, until after\nan opportunity for a hearing had before an officer or employee of the\ndepartment of state designated for such purpose by the secretary of\nstate upon notice to the licensee or applicant of at least ten days. The\nnotice shall be served by certified mail and shall state the date and\nplace of hearing and set forth the ground or grounds constituting the\ncharges against the licensee or the reasons for the proposed denial of\nthe application. The licensee or applicant shall have the opportunity to\nbe heard in his or her defense either in person or by counsel and may\nproduce witnesses and testify on his or her behalf. A stenographic\nrecord of the hearing shall be taken and preserved. The hearing may be\nadjourned from time to time. The person conducting the hearing shall\nmake a written report of his or her findings and a recommendation to the\nsecretary of state for decision. The secretary of state shall review\nsuch findings and the recommendation and, after due deliberation, shall\nissue an order accepting, modifying or rejecting such recommendation and\ndismissing the charges or suspending or revoking the license or imposing\na fine or reprimand upon the licensee. For the purpose of this article,\nthe secretary of state or any officer or employee of the department of\nstate designated by him or her, may administer oaths, take testimony,\nsubpoena witnesses and compel the production of books, papers, records\nand documents deemed pertinent to the subject of investigation.\n  * NB Repealed July 1, 2027\n