Section 800. Denial of registration; complaints; notice of hearing  


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  • 1.
      Denial of registration. The  secretary  shall,  before  making  a  final
      determination  to  deny  an  application  for a registration, notify the
      applicant in writing of the reasons for such denial and shall afford the
      applicant an opportunity to be heard in person or by  counsel  prior  to
      the  denial  of  the  application.  Such  notification  shall  be served
      personally or by mail or in any manner authorized by the civil  practice
      law  and rules for service of a summons. If a hearing is requested, such
      hearing shall be held at such time and  place  as  the  secretary  shall
      prescribe.  If  the  applicant  fails  to  make  a written request for a
      hearing within thirty days after receipt of such notification, then  the
      notification  shall become the final determination of the secretary. If,
      after hearing, the registration is denied, written notice of such denial
      shall be served upon the registrant personally or by certified  mail  or
      in any manner authorized by the civil practice law and rules.
        2.  Revocation,  suspension,  reprimands,  fines. The secretary shall,
      before revoking or suspending any registration or imposing any  fine  or
      reprimand  on  the  holder  of  such registration, or before issuing any
      order directing  the  cessation  of  unregistered  activity  shall  send
      notification of such action to the holder. Such notice shall be provided
      at  least  ten  days  prior  to the date set for the hearing, notify the
      registrant or the person deemed to have  engaged  in  such  unregistered
      activities,  of  any  charges  made  and  shall  afford  the  person  an
      opportunity to be heard in person or by counsel  in  reference  thereto.
      Such  written  notice  may be served upon the registrant in person or by
      mailing the notice by certified mail to the registrant to the last known
      business address of such person, or by  any  method  authorized  by  the
      civil  practice  law and rules for the service of a summons. The hearing
      shall be at such time and place as the secretary shall prescribe.  After
      the  applicant is notified of such denial, in the event a certificate of
      registration or temporary certificate of registration or an  application
      is  denied,  no  such  registration  shall  be  issued  to  such  former
      registrant or applicant for at least six months, nor thereafter,  except
      at  the  discretion of the secretary. The applicant or registrant may be
      heard in person or by counsel. Such hearing shall be at  such  time  and
      place as the secretary shall prescribe.
        3. In any hearing held pursuant to the provisions of this article, the
      secretary  acting  by  such officer or person in the department as he or
      she may designate, shall have the power to subpoena and bring before the
      officer or person so designated any person in this state,  or  document,
      record  or  relevant  evidence,  and  administer an oath to and take the
      testimony of any such person or cause his or her deposition to be taken.
      A subpoena issued under this section shall be  regulated  by  the  civil
      practice law and rules.