2023 New York Laws › LAB - Labor › Article 16 - Explosives › 459 - Denial or Revocation of License or Certificate.

§ 459. Denial or revocation of license or certificate. 1. A license or
  certificate, or the renewal thereof may be denied where the commissioner
  has   probable  reason  to  believe,  based  on  knowledge  or  reliable
  information, or finds, after investigation, that the  applicant  or  any
  officer, servant, agent or employee of the applicant is not sufficiently
  reliable  and  experienced  to  be  authorized  to  own, possess, store,
  transport, use,  manufacture,  deal  in,  sell,  purchase  or  otherwise
  handle,  as  the  case  may  be,  explosives,  lacks suitable facilities
  therefor, has been convicted of a felony, is disloyal or hostile to  the
  United States, has been confined as a patient or incarcerated individual
  in  a public or private institution for the treatment of mental diseases
  or has been convicted under section  four  hundred  eighty-four  of  the
  general  business  law.  Whenever the commissioner denies an application
  for a license or certificate or the renewal thereof, within five days of
  such denial, notice thereof and the reasons therefor shall  be  provided
  in  writing  to  the  applicant.  Such  denial  may  be  appealed to the
  commissioner who shall follow the procedure provided by subdivision four
  of this section.
2. The commissioner may revoke  any  certificate  or  license  on  any
  ground  or grounds authorized in subdivision one of this section for the
  denial of a license or certificate, or for a violation of the  terms  of
  such license or certificate, or for a violation of any provision of this
  article or regulations promulgated hereunder, or for non-compliance with
  any  order  issued by the commissioner within the time specified in such
  order.
The commissioner may, where he or she has probable reason to  believe,
  based   on  knowledge  or  reliable  information,  that  a  licensee  or
  certificate holder is disloyal to the United  States,  summarily  revoke
  the  license  or  certificate  or  may give such licensee or certificate
  holder notice and opportunity to be heard  as  provided  in  subdivision
  four  of  this  section.  Revocation of a license or certificate for any
  other ground may be ordered only after  giving  written  notice  and  an
  opportunity to be heard to the holder thereof. Such notice shall specify
  the  ground  or grounds on which it is proposed to revoke the license or
  certificate. When a license or certificate is revoked, the  commissioner
  may  direct  the  seizure  and/or disposition of explosives held by such
  licensee  or  certificate  holder.  Upon  revocation  of  a  license  or
  certificate  by the commissioner, the holder thereof shall surrender the
  license or certificate to the commissioner at once.
3. The commissioner may summarily suspend the license  or  certificate
  pending  proceedings for revocation or other action, where he or she has
  reason to believe, based on knowledge or reliable information, that  the
  continued  possession  of  a  license  or  certificate poses a danger to
  public health, safety or welfare, and incorporates  a  finding  to  that
  effect  in  his  or  her  order.  These  proceedings  shall  be promptly
  instituted and determined. Such suspension shall  be  effective  on  the
  date  specified in the order or upon service of a certified copy of such
  order on the license or certificate holder, whichever shall be later.
4. Unless, within fifteen days from the date of notice, the  applicant
  for  a  license or certificate or the recipient of a notice stating that
  the commissioner proposes to revoke a license or certificate held by him
  or her, shall file a written answer with the  commissioner  denying  the
  ground  or  grounds on which a license or certificate has been denied or
  not renewed or ground or grounds on which revocation  of  a  license  or
  certificate is sought, and shall request a hearing, the commissioner may
  make  a  final determination respecting the application for a license or
  certificate, or may revoke  a  license  or  certificate  forthwith.  If,
  within  such fifteen days, the applicant, licensee or certificate holder

  files such answer  and  request  for  hearing,  the  commissioner  shall
  schedule  a  hearing. The notice of hearing shall state the time, place,
  and subject of the hearing,  and  shall  be  mailed  to  the  applicant,
  certificate holder or licensee at his or her last known address at least
  five  days  before  the  date  of hearing. Hearings shall be held by the
  commissioner  or  his  or  her  representative,   and   the   applicant,
  certificate   holder  or  licensee  may  appear  in  person  or  may  be
  represented by an agent. After  such  hearing,  the  commissioner  shall
  render a decision in writing.