Legislation
SECTION 69-T
Hearing on charges; decision
General Business (GBS) CHAPTER 20, ARTICLE 6-D
§ 69-t. Hearing on charges; decision. 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 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. The hearing may be adjourned from time to time. 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. For the purpose of this article, the
secretary of state or any officer or employee of the department
designated by him, may administer oaths, take testimony, subpoena
witnesses and compel the production of books, papers, records and
documents deemed pertinent to the subject of investigation.
revoked nor shall any fine or reprimand be imposed until after a hearing
had before an officer or employee of the department 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. The hearing may be adjourned from time to time. 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. For the purpose of this article, the
secretary of state or any officer or employee of the department
designated by him, may administer oaths, take testimony, subpoena
witnesses and compel the production of books, papers, records and
documents deemed pertinent to the subject of investigation.