2023 New York Laws › GBS - General Business › Article 37-A - Registration of Hearing Aid Dispensers › 800 - Denial of Registration; Complaints; Notice of Hearing.

§  800.  Denial  of  registration; complaints; notice of hearing.   1.
  Denial of registration. The  secretary  shall,  before  making  a  final
  determination  to  deny  an  application  for a registration, notify the
  applicant in writing of the reasons for such denial and shall afford the
  applicant an opportunity to be heard in person or by  counsel  prior  to
  the  denial  of  the  application.  Such  notification  shall  be served
  personally or by 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  secretary  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  shall become the final determination of the secretary. If,
  after hearing, the registration is denied, written notice of such denial
  shall be served upon the registrant personally or by certified  mail  or
  in any manner authorized by the civil practice law and rules.
2.  Revocation,  suspension,  reprimands,  fines. The secretary shall,
  before revoking or suspending any registration or imposing any  fine  or
  reprimand  on  the  holder  of  such registration, or before issuing any
  order directing  the  cessation  of  unregistered  activity  shall  send
  notification of such action to the holder. Such notice shall be provided
  at  least  ten  days  prior  to the date set for the hearing, notify the
  registrant or the person deemed to have  engaged  in  such  unregistered
  activities,  of  any  charges  made  and  shall  afford  the  person  an
  opportunity to be heard in person or by counsel  in  reference  thereto.
  Such  written  notice  may be served upon the registrant in person or by
  mailing the notice by certified mail to the registrant to the last known
  business address of such person, or by  any  method  authorized  by  the
  civil  practice  law and rules for the service of a summons. The hearing
  shall be at such time and place as the secretary shall prescribe.  After
  the  applicant is notified of such denial, in the event a certificate of
  registration or temporary certificate of registration or an  application
  is  denied,  no  such  registration  shall  be  issued  to  such  former
  registrant or applicant for at least six months, nor thereafter,  except
  at  the  discretion of the secretary. The applicant or registrant may be
  heard in person or by counsel. Such hearing shall be at  such  time  and
  place as the secretary shall prescribe.
3. In any hearing held pursuant to the provisions of this article, the
  secretary  acting  by  such officer or person in the department as he or
  she may designate, shall have the power to subpoena and bring before the
  officer or person so designated any person in this state,  or  document,
  record  or  relevant  evidence,  and  administer an oath to and take the
  testimony of any such person or cause his or her deposition to be taken.
  A subpoena issued under this section shall be  regulated  by  the  civil
  practice law and rules.