Section 401. Licenses


Latest version.
  • 1. When licensing is required by law to be preceded
      by notice and opportunity for hearing, the provisions  of  this  chapter
      concerning  adjudicatory  proceedings  apply.  For purposes of this act,
      statutes providing an opportunity for hearing shall be deemed to include
      statutes providing an opportunity to be heard.
        2. When a licensee has made timely and sufficient application for  the
      renewal  of a license or a new license with reference to any activity of
      a continuing nature, the existing license  does  not  expire  until  the
      application  has been finally determined by the agency, and, in case the
      application is denied or the terms of the new license limited, until the
      last day for seeking review of the agency order or a later date fixed by
      order of the reviewing court, provided that this subdivision  shall  not
      affect  any valid agency action then in effect summarily suspending such
      license.
        3. If  the  agency  finds  that  public  health,  safety,  or  welfare
      imperatively  requires  emergency  action, and incorporates a finding to
      that effect in its  order,  summary  suspension  of  a  license  may  be
      ordered,  effective  on the date specified in such order or upon service
      of a certified copy of such order on the licensee,  whichever  shall  be
      later,  pending  proceedings  for  revocation  or  other  action.  These
      proceedings shall be promptly instituted and determined.
        4. When the hearing seeks  the  revocation  of  a  license  or  permit
      previously granted by the agency, either party shall, upon demand and at
      least  seven  days  prior to the hearing, disclose the evidence that the
      party  intends  to  introduce  at  the  hearing,  including  documentary
      evidence   and  identification  of  witnesses,  provided,  however,  the
      provisions of this subdivision  shall  not  be  deemed  to  require  the
      disclosure  of  information  or material otherwise protected by law from
      disclosure, including information  and  material  protected  because  of
      privilege  or  confidentiality.  If,  after  such  disclosure,  a  party
      determines to rely upon other witnesses or information, the party shall,
      as soon as practicable, supplement its disclosure by providing the names
      of such witnesses or the additional documents.