2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 441-E - Denial of License; Complaints; Notice of Hearing.

§  441-e.  Denial of license; complaints; notice of hearing. 1. Denial
  of license. The  department  of  state  shall,  before  making  a  final
  determination to deny an application for a license, 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.  If  the  applicant  is a salesperson or has applied to
  become a salesperson, the department shall also notify the  broker  with
  whom  such  salesperson  is associated, or with whom such salesperson or
  applicant is about to become associated, of such proposed denial.  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  of  state  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 their 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, and if the applicant is a  salesperson,  or  has
  applied  to become a salesperson, the department shall notify the broker
  with whom such applicant is associated.
2. Revocation, suspension, reprimands, fines. The department of  state
  shall, before revoking or suspending any license or imposing any fine or
  reprimand  on  the  holder  thereof or before imposing any fine upon any
  person not licensed pursuant to this article who  is  deemed  to  be  in
  violation  of  section  four hundred forty-two-h of this article, and at
  least ten days prior to the date set for the hearing, notify in  writing
  the holder of such license or such unlicensed person of any charges made
  and shall afford such licensee or unlicensed 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  by
  mailing  same  by  certified  mail to the last known business address of
  such licensee or unlicensed person, or by any method authorized  by  the
  civil  practice  law  and  rules. If said licensee be a salesperson, the
  department shall also notify the broker with whom they are associated of
  the charges by mailing notice by certified mail  to  the  broker's  last
  known  business  address.  The  hearing on such charges shall be at such
  time and place as the department shall prescribe.
3. Power to suspend a license. The department, acting by such  officer
  or  person  in  the  department as the secretary of state may designate,
  shall have the power to suspend a  license  pending  a  hearing  and  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.