Section 750-I. Hearing on charges; decision  


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  • 1.  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 of
      state 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. Within ten days after a hearing  a
      licensee shall receive a stenographic record of the hearing upon payment
      of  fifty percent of the cost of preparation of such record. The hearing
      may be adjourned upon a showing of good cause at least five days  before
      the hearing, in writing, to a hearing officer. 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.
        2.  Any  person  who  has had their application for a license rejected
      shall be entitled to a hearing before an  officer  or  employee  of  the
      department  of  state  designated  for  such purpose by the secretary of
      state, upon notice to such person of at least ten days. 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  rejection of such application for license. The 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 own  behalf.
      A  stenographic  record  of  the  hearing  shall be taken and preserved.
      Within  ten  days  after  a  hearing  an  applicant  shall   receive   a
      stenographic  record of the hearing upon payment of fifty percent of the
      cost of the preparation of such record. The  hearing  may  be  adjourned
      upon  a  showing of good cause at least five days before the hearing, in
      writing, to a hearing officer. 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
      either grant a license or reject the license application.
        3.  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.
        4. Strict rules of evidence do not apply to hearings held pursuant  to
      this article.