2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 79 - Hearings, Notice, Determinations, Review.

§  79.  Hearings, notice, determinations, review. 1. The department of
state shall have the power to revoke or suspend any license, or in  lieu
thereof  to  impose a fine not exceeding one thousand dollars payable to
the  department  of  state,  or  reprimand  any  licensee  or  deny   an
application for a license or renewal thereof upon proof:
(a)  that the applicant or licensee has violated any of the provisions
of this article or the rules and regulations promulgated hereunder;
(b) that the applicant or licensee  has  practiced  fraud,  deceit  or
misrepresentation;
(c) that the applicant or licensee has made a material misstatement in
the application for or renewal of his license;
(d)  that  the  applicant or licensee has demonstrated incompetence or
untrustworthiness in his actions;
(e) that the applicant or licensee has violated any of the  provisions
of  article  seven-A  of  this  chapter  or  the  rules  and regulations
promulgated thereunder.
2. The department of state shall, before denying an application for  a
license  or  before  revoking  or  suspending  any  license, excepting a
temporary suspension as provided in subdivision five of this section, or
imposing any fine or reprimand, and at least fifteen days prior  to  the
date  set  for  the  hearing,  and upon due notice to the complainant or
objector, notify in writing the applicant for, or  the  holder  of  such
license of any charge made and shall afford said applicant, or licensee,
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
applicant or licensee, or by mailing same by certified mail to the  last
known business address of such applicant or licensee.
3.  The hearing on such charges shall be at such time and place as the
department of state shall prescribe  and  shall  be  conducted  by  such
officer  or  person  in  the  department  as  the secretary of state may
designate, who 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. Such officer or person in  the  department
of  state designated to take such testimony shall not be bound by common
law or statutory rules of evidence or by technical or  formal  rules  of
procedure.
4. In the event that the department shall deny the application for, or
revoke or suspend any such license, or impose any fine or reprimand, its
determination shall be in writing and officially signed. The original of
such  determination, when so signed, shall be filed in the office of the
department and copies thereof  shall  be  mailed  to  the  applicant  or
licensee and to the complainant within two days after the filing thereof
as herein prescribed.
5.  The  department,  acting  by  the  officer or person designated to
conduct the hearing pursuant to subdivision three above or by such other
officer or person in the  department  as  the  secretary  of  state  may
designate,  shall  have the power to suspend the license of any licensee
who has been convicted in this state or any other state or territory  of
a  felony  or of any misdemeanor or offense enumerated under subdivision
two of section seventy-four or under section eighty-four of this chapter
for a  period  not  exceeding  thirty  days  pending  a  hearing  and  a
determination  of charges made against him. If such hearing is adjourned
at the request of the licensee, or by reason of any act or  omission  by
him  or  on  his  behalf,  such  suspension  may  be  continued  for the
additional period of such adjournment.
6. The action of the department of state in granting  or  refusing  to
grant  or  to  renew  a  license  under  this  article or in revoking or
suspending or refusing to revoke or suspend such a license  or  imposing
any  fine  or  reprimand  shall  be  subject  to  review by a proceeding
instituted  under  article  seventy-eight  of the civil practice law and
rules at the instance of the applicant for such license, the holder of a
license so revoked,  suspended,  fined  or  reprimanded  or  the  person
aggrieved.