ยง 938. Denial of license; complaints; notice of hearing. 1. The
commissioner shall, before making a determination to deny an application
for a license, notify the applicant in writing of the reasons for such
proposed denial and afford the applicant an opportunity to be heard in
person or by counsel prior to denial of the application. Such notice
shall notify the applicant that a request for a hearing must be made
within thirty days after issuance of such notification. If a hearing is
requested, such hearing shall be held at such time and place as the
commissioner shall prescribe.
2. If the applicant fails to make a written request for a hearing
within thirty days after issuance of such notification, then the
notification of denial shall become the final determination of the
commissioner. The commissioner shall have subpoena powers 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.
3. The commissioner shall, before revoking or suspending any license
or imposing any fine as authorized by this article or reprimand on the
holder thereof and at least ten days prior to the date set for the
hearing, notify in writing the holder of such license, of any charges
made and shall afford such person an opportunity to be heard in person
or by counsel in reference thereto. No prior notice and hearing is
required before the commissioner issues an order directing the cessation
of unlicensed activities.
4. Written notice must be served to the licensee or person charged.
5. The hearing on such charges shall be at such time and place as the
commissioner shall prescribe.