Section 25.31. Suspension or revocation of licenses

1.  Powers  of
  department of state. The department of state may deny an application  or
  may  revoke or suspend a license issued pursuant to this article, impose
  a fine not exceeding one thousand dollars per violation payable  to  the
  department  of state, issue a reprimand and order restitution upon proof
  to the satisfaction of the secretary of state that  the  holder  thereof
  has:  (a)  violated  any  provision  of  this  article  or  any  rule or
  regulation adopted hereunder; (b) made a material  misstatement  in  the
  application  for  such  license;  (c)  engaged  in  fraud  or fraudulent
  practices; (d) demonstrated untrustworthiness or  incompetency;  or  (e)
  been   convicted  of  serious  offense  or  misdemeanor  which,  in  the
  discretion of the secretary, bears such a relationship to  licensure  as
  to constitute a bar to licensure or renewal.
    2.  Determination  of  department  of  state.  In  the  event that the
  department of state shall revoke or suspend any such license, or  impose
  any  fine or reprimand on the holder thereof, its determination shall be
  in writing and officially signed. The original  of  such  determination,
  when  so  signed, shall be filed with the department of state and copies
  thereof shall be  served  personally  or  by  certified  mail  upon  the
  licensee  or  applicant and addressed to the principal place of business
  of such licensee.
    3. No license shall be suspended or revoked  nor  shall  any  fine  or
  reprimand  be  imposed, nor shall any application be denied, until after
  an opportunity for a hearing had before an officer or  employee  of  the
  department  of  state  designated  for  such purpose by the secretary of
  state upon notice to the licensee or applicant of at least ten days. The
  notice shall be served 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 or the reasons for the proposed  denial  of
  the application. The licensee or applicant shall have the opportunity to
  be  heard  in  his or her defense either in person or by counsel and may
  produce witnesses and testify on  his  or  her  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 or her 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 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  of
  state  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.
    * NB Repealed May 16, 2010