Section 463. Denial of permit; notice of hearing  


Latest version.
  • The department shall,
      before making a final determination to deny an application for a permit,
      notify the applicant in writing of the reasons for such proposed  denial
      and  shall  afford the applicant an opportunity to be heard in person or
      by counsel prior to denial of the application. Such  notification  shall
      be served personally or by certified 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
      department  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  of denial shall become the final
      determination of the department. The department, acting by such  officer
      as  the commissioner may designate, shall have the power to subpoena and
      bring before the officer any person in this  state,  and  administer  an
      oath  to  and take testimony of any person or cause his deposition to be
      taken. A subpoena issued under this section shall be  regulated  by  the
      civil practice law and rules. If, after such hearing, the application is
      denied, written notice of such denial shall be served upon the applicant
      personally or by certified mail or in any manner authorized by the civil
      practice law and rules for the service of a summons.