Section 69-T. Hearing on charges; decision  


Latest version.
  • 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 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. The hearing may be adjourned from time to time. 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.  For  the  purpose  of this article, the
      secretary of  state  or  any  officer  or  employee  of  the  department
      designated  by  him,  may  administer  oaths,  take  testimony, subpoena
      witnesses and compel  the  production  of  books,  papers,  records  and
      documents deemed pertinent to the subject of investigation.