§ 79. Hearings, notice, determinations, review. 1. The department of
state shall have the power to revoke or suspend any license, or in lieu
thereof to impose a fine not exceeding one thousand dollars payable to
the department of state, or reprimand any licensee or deny an
application for a license or renewal thereof upon proof:

(a) that the applicant or licensee has violated any of the provisions
of this article or the rules and regulations promulgated hereunder;

(b) that the applicant or licensee has practiced fraud, deceit or
misrepresentation;

(c) that the applicant or licensee has made a material misstatement in
the application for or renewal of his license;

(d) that the applicant or licensee has demonstrated incompetence or
untrustworthiness in his actions;

(e) that the applicant or licensee has violated any of the provisions
of article seven-A of this chapter or the rules and regulations
promulgated thereunder.

2. The department of state shall, before denying an application for a
license or before revoking or suspending any license, excepting a
temporary suspension as provided in subdivision five of this section, or
imposing any fine or reprimand, and at least fifteen days prior to the
date set for the hearing, and upon due notice to the complainant or
objector, notify in writing the applicant for, or the holder of such
license of any charge made and shall afford said applicant, or licensee,
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
applicant or licensee, or by mailing same by certified mail to the last
known business address of such applicant or licensee.

3. The hearing on such charges shall be at such time and place as the
department of state shall prescribe and shall be conducted by such
officer or person in the department as the secretary of state may
designate, who 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 his deposition to
be taken. A subpoena issued under this section shall be regulated by the
civil practice law and rules. Such officer or person in the department
of state designated to take such testimony shall not be bound by common
law or statutory rules of evidence or by technical or formal rules of
procedure.

4. In the event that the department shall deny the application for, or
revoke or suspend any such license, or impose any fine or reprimand, its
determination shall be in writing and officially signed. The original of
such determination, when so signed, shall be filed in the office of the
department and copies thereof shall be mailed to the applicant or
licensee and to the complainant within two days after the filing thereof
as herein prescribed.

5. The department, acting by the officer or person designated to
conduct the hearing pursuant to subdivision three above or by such other
officer or person in the department as the secretary of state may
designate, shall have the power to suspend the license of any licensee
who has been convicted in this state or any other state or territory of
a felony or of any misdemeanor or offense enumerated under subdivision
two of section seventy-four or under section eighty-four of this chapter
for a period not exceeding thirty days pending a hearing and a
determination of charges made against him. If such hearing is adjourned
at the request of the licensee, or by reason of any act or omission by
him or on his behalf, such suspension may be continued for the
additional period of such adjournment.

6. The action of the department of state in granting or refusing to
grant or to renew a license under this article or in revoking or
suspending or refusing to revoke or suspend such a license or imposing
any fine or reprimand shall be subject to review by a proceeding
instituted under article seventy-eight of the civil practice law and
rules at the instance of the applicant for such license, the holder of a
license so revoked, suspended, fined or reprimanded or the person
aggrieved.