NY Gen Bus L § 750-I (2021)
2021 New York Laws GBS - General Business Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums 750-I - Hearing on Charges; Decision.

§  750-i.  Hearing  on  charges;  decision.  1.  No  license  shall be   suspended or revoked nor shall any fine or reprimand  be  imposed  until   after  a  hearing had before an officer or employee of the department of   state 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  shall have the opportunity to 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. Within ten days after a hearing  a   licensee shall receive a stenographic record of the hearing upon payment   of  fifty percent of the cost of preparation of such record. The hearing   may be adjourned upon a showing of good cause at least five days  before   the hearing, in writing, to a hearing officer. 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 or suspending or revoking the   license or in lieu  thereof  imposing  a  fine  or  reprimand  upon  the   licensee.2.  Any  person  who  has had their application for a license rejected   shall be entitled to a hearing before an  officer  or  employee  of  the   department  of  state  designated  for  such purpose by the secretary of   state, upon notice to such person of at least ten days. 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  rejection of such application for license. The applicant shall have   the opportunity to be heard in his or her defense either in person or by   counsel and may produce witnesses and testify on his or her own  behalf.   A  stenographic  record  of  the  hearing  shall be taken and preserved.   Within  ten  days  after  a  hearing  an  applicant  shall   receive   a   stenographic  record of the hearing upon payment of fifty percent of the   cost of the preparation of such record. The  hearing  may  be  adjourned   upon  a  showing of good cause at least five days before the hearing, in   writing, to a hearing officer. The person conducting the  hearing  shall   make a written report of his or her 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   either grant a license or reject the license application.3.  For  the  purpose  of  this article, the secretary of state or any   officer or employee of the department of state designated by him or her,   may administer oaths, take testimony, subpoena witnesses and compel  the   production  of  books, papers, records and documents deemed pertinent to   the subject of investigation.4. Strict rules of evidence do not apply to hearings held pursuant  to   this article.