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What is NYC AC § 20-399?

Quick Answer

This section outlines the procedure for hearings regarding the suspension or revocation of licenses. It mandates a minimum of ten days' notice to the licensee and allows for a defense presentation, including witness testimony. The commissioner reviews the findings and recommendations before making a decision. Applies to licensees subject to disciplinary action.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-399 Hearings on charges; decision.

AC § 20-399

No license shall be suspended or revoked nor fine imposed until after a hearing had before an officer or employee of the department designated for such purpose by the commissioner upon notice to the licensee of at least ten days. The notice shall be served either personally or by first-class mail to the licensee at his or her last known address and shall state the date and place of the hearing and set forth the ground or grounds constituting the charges against the licensee. The licensee shall be heard in his or her defense either in person or by counsel and may produce witnesses and testify in his or her behalf. A stenographic or electronic record of the hearing shall be made and preserved. The hearing may be adjourned from time to time. The person conducting the hearing shall make a written report of his or her findings and a recommendation to the commissioner for a decision. The commissioner 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. For the purpose of this subchapter, the commissioner or any officer or employee of the department designated by him or her may administer oaths, take testimony, subpoena witnesses and compel the production of books, papers, records and documents deemed pertinent to the subject of investigation.

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