Section 444-I. Denial of license; complaints; notice of hearing  


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  • The
      department shall,  before  making  a  final  determination  to  deny  an
      application  for a license, revoke a license, suspend a license, issue a
      reprimand, or impose a civil penalty  for  violation  of  this  article,
      notify  the  applicant  or  licensee  in writing of the reasons for such
      proposed denial, revocation, suspension, reprimand, or imposition  of  a
      civil  penalty and afford the applicant or licensee an opportunity to be
      heard in person  or  by  counsel.  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 and shall be conducted in accordance with the
      provisions  of  the state administrative procedure act. If the applicant
      or licensee 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 department. The department, acting
      by such officer or  person  in  the  department  as  the  secretary  may
      designate, shall have the power to subpoena and bring before the officer
      or  person so designated any person in this state and administer an oath
      to and take testimony of any 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. If, after such hearing, the license is
      denied, revoked, or suspended, a reprimand is issued, or a civil penalty
      is imposed, written notice of such determination shall  be  served  upon
      the  applicant  or  licensee  personally  or by certified mail or in any
      manner authorized by the civil practice law and rules for the service of
      a summons.