§ 459. Denial or revocation of license or certificate. 1. A license or
certificate, or the renewal thereof may be denied where the commissioner
has probable reason to believe, based on knowledge or reliable
information, or finds, after investigation, that the applicant or any
officer, servant, agent or employee of the applicant is not sufficiently
reliable and experienced to be authorized to own, possess, store,
transport, use, manufacture, deal in, sell, purchase or otherwise
handle, as the case may be, explosives, lacks suitable facilities
therefor, has been convicted of a felony, is disloyal or hostile to the
United States, has been confined as a patient or incarcerated individual
in a public or private institution for the treatment of mental diseases
or has been convicted under section four hundred eighty-four of the
general business law. Whenever the commissioner denies an application
for a license or certificate or the renewal thereof, within five days of
such denial, notice thereof and the reasons therefor shall be provided
in writing to the applicant. Such denial may be appealed to the
commissioner who shall follow the procedure provided by subdivision four
of this section.

2. The commissioner may revoke any certificate or license on any
ground or grounds authorized in subdivision one of this section for the
denial of a license or certificate, or for a violation of the terms of
such license or certificate, or for a violation of any provision of this
article or regulations promulgated hereunder, or for non-compliance with
any order issued by the commissioner within the time specified in such
order.

The commissioner may, where he or she has probable reason to believe,
based on knowledge or reliable information, that a licensee or
certificate holder is disloyal to the United States, summarily revoke
the license or certificate or may give such licensee or certificate
holder notice and opportunity to be heard as provided in subdivision
four of this section. Revocation of a license or certificate for any
other ground may be ordered only after giving written notice and an
opportunity to be heard to the holder thereof. Such notice shall specify
the ground or grounds on which it is proposed to revoke the license or
certificate. When a license or certificate is revoked, the commissioner
may direct the seizure and/or disposition of explosives held by such
licensee or certificate holder. Upon revocation of a license or
certificate by the commissioner, the holder thereof shall surrender the
license or certificate to the commissioner at once.

3. The commissioner may summarily suspend the license or certificate
pending proceedings for revocation or other action, where he or she has
reason to believe, based on knowledge or reliable information, that the
continued possession of a license or certificate poses a danger to
public health, safety or welfare, and incorporates a finding to that
effect in his or her order. These proceedings shall be promptly
instituted and determined. Such suspension shall be effective on the
date specified in the order or upon service of a certified copy of such
order on the license or certificate holder, whichever shall be later.

4. Unless, within fifteen days from the date of notice, the applicant
for a license or certificate or the recipient of a notice stating that
the commissioner proposes to revoke a license or certificate held by him
or her, shall file a written answer with the commissioner denying the
ground or grounds on which a license or certificate has been denied or
not renewed or ground or grounds on which revocation of a license or
certificate is sought, and shall request a hearing, the commissioner may
make a final determination respecting the application for a license or
certificate, or may revoke a license or certificate forthwith. If,
within such fifteen days, the applicant, licensee or certificate holder
files such answer and request for hearing, the commissioner shall
schedule a hearing. The notice of hearing shall state the time, place,
and subject of the hearing, and shall be mailed to the applicant,
certificate holder or licensee at his or her last known address at least
five days before the date of hearing. Hearings shall be held by the
commissioner or his or her representative, and the applicant,
certificate holder or licensee may appear in person or may be
represented by an agent. After such hearing, the commissioner shall
render a decision in writing.