§ 534-n. Hearings, determinations and review. 1. The commission shall
not deny any application for a license or registration without giving
the applicant or prospective licensee reasonable prior notice and an
opportunity to be heard by the commission.

2. Any application for a license or for inclusion in the longshore
workers' register, and any license issued or registration made, may be
denied, revoked, or suspended only in the manner prescribed in this
section.

3. The commission may on its own initiative or on complaint of any
person, including any public official or agency, institute proceedings
to revoke or suspend any license or registration after a hearing at
which the licensee or registrant and any person making such complaint
shall be given an opportunity to be heard, provided that any order of
the commission revoking or suspending any license or registration shall
not become effective until fifteen days subsequent to the serving of
notice thereof upon the licensee or registrant unless in the opinion of
the commission the continuance of the license or registration for such
period would be inimical to the public peace or safety. Such hearings
shall be held in such manner and upon such notice as may be prescribed
by the rules of the commission, but such notice shall be of not less
than ten days and shall state the nature of the complaint.

4. Pending the determination of such hearing pursuant to subdivision
three of this section, the commission may temporarily suspend a permit,
license or registration until further order of the commission if in the
opinion of the commission the continuance of the permit, license or
registration for such period is inimical to the public peace or safety.

(a) The commission may temporarily suspend a permit, license or
registration pursuant to the provisions of this subdivision until
further order of the commission or final disposition of the underlying
case, only where the permittee, licensee or registrant has been indicted
for, or otherwise charged with, a crime which is equivalent to a felony
in the state of New York or any crime punishable by death or
imprisonment for a term exceeding three hundred sixty-four days or only
where the permittee or licensee is a security officer who is charged by
the commission pursuant to this section with misappropriating any other
person's property at or on a pier or other waterfront terminal.

(b) In the case of a permittee, licensee or registrant who has been
indicted for, or otherwise charged with, a crime, the temporary
suspension shall terminate immediately upon acquittal or upon dismissal
of the criminal charge, unless in the opinion of the commission the
continuance of any such permit, license or registration is inimical to
the public peace or safety.

(c) A person whose permit, license or registration has been
temporarily suspended may, at any time, demand that the commission
conduct a hearing as provided for in this section. Within sixty days of
such demand, the commission shall commence the hearing and, within
thirty days of receipt of the administrative judge's report and
recommendation, the commission shall render a final determination
thereon; provided, however, that these time requirements, shall not
apply for any period of delay caused or requested by the permittee,
licensee or registrant. Upon failure of the commission to commence a
hearing or render a determination within the time limits prescribed
herein, the temporary suspension of the licensee or registrant shall
immediately terminate. Notwithstanding any other provision of this
subdivision, if a federal, state, or local law enforcement agency or
prosecutor's office shall request the suspension or deferment of any
hearing on the ground that such a hearing would obstruct or prejudice an
investigation or prosecution, the commission may in its discretion,
postpone or defer such hearing for a time certain or indefinitely. Any
action by the commission to postpone a hearing shall be subject to
immediate judicial review as provided in subdivision seven of this
section.

(d) The commission may in addition, within its discretion, bar any
permittee, licensee or registrant whose license or registration has been
suspended pursuant to this section, from any employment by a licensed
stevedore or a carrier of freight by water during the period of such
suspension, if the alleged crime that forms the basis of such suspension
involves the possession with intent to distribute, sale, or distribution
of a controlled dangerous substance (controlled substance), or
controlled dangerous substance analog (controlled substance analog),
racketeering or theft from a pier or waterfront terminal.

5. The commission, or such officer, employee or agent of the
commission as may be designated by the commission for such purpose,
shall have the power to issue subpoenas to compel the attendance of
witnesses and the giving of testimony or production of other evidence
and to administer oaths in connection with any such hearing. It shall be
the duty of the commission or of any officer, employee or agent of the
commission designated by the commission for such purpose to issue
subpoenas at the request of and upon behalf of the licensee, registrant
or applicant. The commission or such person conducting the hearing shall
not be bound by common law or statutory rules of evidence or by
technical or formal rules of procedure in the conduct of such hearing.

6. Upon the conclusion of the hearing, the commission shall take such
action upon such findings and determination as it deems proper and shall
execute an order carrying such findings into effect. The action in the
case of an application for a license or registration shall be the
granting or denial thereof. The action in the case of a licensee shall
be revocation of the license or suspension thereof for a fixed period or
reprimand or a dismissal of the charges. The action in the case of a
registered longshore worker shall be dismissal of the charges, reprimand
or removal from the longshore workers' register for a fixed period or
permanently.

7. The action of the commission in denying any application for a
license or in refusing to include any person in the longshore workers'
register under this act or in suspending or revoking such license or
removing any person from the longshore workers' register or in
reprimanding a licensee or registrant shall be subject to judicial
review by a proceeding instituted in this state at the instance of the
applicant, licensee or registrant in the manner provided by state law
for review of the final decision or action of an agency of this state
provided, however, that notwithstanding any other provision of law the
court shall have power to stay for not more than thirty days an order of
the commission suspending or revoking a license or removing a longshore
worker from the longshore workers' register.

8. At hearings conducted by the commission pursuant to this section,
applicants, prospective licensees, licensees and registrants shall have
the right to be accompanied and represented by counsel.

9. After the conclusion of a hearing but prior to the making of an
order by the commission, a hearing may, upon petition and in the
discretion of the hearing officer, be reopened for the presentation of
additional evidence. Such petition to reopen the hearing shall state in
detail the nature of the additional evidence, together with the reasons
for the failure to submit such evidence prior to the conclusion of the
hearing. The commission may upon its own motion and upon reasonable
notice reopen a hearing for the presentation of additional evidence.
Upon petition, after the making of an order of the commission, rehearing
may be granted in the discretion of the commission. Such a petition for
rehearing shall state in detail the grounds upon which the petition is
based and shall separately set forth each error of law and fact alleged
to have been made by the commission in its determination, together with
the facts and arguments in support thereof. Such petition shall be filed
with the commission not later than thirty days after service of such
order, unless the commission for good cause shown shall otherwise
direct. The commission may upon its own motion grant a rehearing after
the making of an order.