2023 New York Laws › GBS - General Business › Article 27 - Licensing of Nail Specialty, Natural Hair Styling, Esthetics and Cosmetology › 411 - Denial of License; Complaints; Notice of Hearing.

§  411. Denial of license; complaints; notice of hearing. 1. Denial of
  license or registration. The department shall,  before  making  a  final
  determination  to  deny  an  application  for a license or registration,
  notify the applicant in writing of the reasons for such proposed  denial
  and  shall  afford the applicant an opportunity to be heard in person or
  by counsel prior to denial of the application. Such  notification  shall
  be served personally or by certified mail or in any manner authorized by
  the  civil practice law and rules for service of a summons. If a hearing
  is requested, such hearing shall be held at such time and place  as  the
  department  shall  prescribe.  If  the applicant fails to make a written
  request  for  a  hearing  within  thirty  days  after  receipt  of  such
  notification,  then  the  notification  of denial shall become the final
  determination of the department. The department, acting by such  officer
  or  person  in the department as the secretary may designate, 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. If, after such hearing, the application  is  denied,  written
  notice  of  such denial shall be served upon the applicant personally or
  by certified mail or in any manner authorized by the civil practice  law
  and rules for the service of a summons.
2.  Revocation,  suspension, reprimands, fines; unlicensed activities.
  The department shall, before  revoking  or  suspending  any  license  or
  registration or imposing any fine or reprimand on the holder thereof, or
  before   issuing   any  order  directing  the  cessation  of  unlicensed
  activities, and at least ten days prior to the date set for the hearing,
  notify in writing the holder of such license  or  registration,  or  the
  person alleged to have engaged in unlicensed or unregistered activities,
  of  any  charges  made and shall afford such person 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 licensee or
  registrant or person charged, or by mailing same by  certified  mail  to
  the  last known business or other address provided by such person to the
  secretary of state, or by any method authorized by  the  civil  practice
  law  and rules for the service of a summons. The hearing on such charges
  shall be at such time and place as the department shall prescribe.
3. The department, acting by such officer or person in the  department
  as  the  secretary  may  designate, 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.