2023 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.