§ 938. Denial of license; complaints; notice of hearing. 1. The\ncommissioner shall, before making a determination to deny an application\nfor a license, notify the applicant in writing of the reasons for such\nproposed denial and afford the applicant an opportunity to be heard in\nperson or by counsel prior to denial of the application. Such notice\nshall notify the applicant that a request for a hearing must be made\nwithin thirty days after issuance of such notification. If a hearing is\nrequested, such hearing shall be held at such time and place as the\ncommissioner shall prescribe.\n 2. If the applicant fails to make a written request for a hearing\nwithin thirty days after issuance of such notification, then the\nnotification of denial shall become the final determination of the\ncommissioner. The commissioner shall have subpoena powers regulated by\nthe civil practice law and rules. If, after such hearing, the\napplication is denied, written notice of such denial shall be served\nupon the applicant.\n 3. The commissioner shall, before revoking or suspending any license\nor imposing any fine as authorized by this article or reprimand on the\nholder thereof and at least ten days prior to the date set for the\nhearing, notify in writing the holder of such license, of any charges\nmade and shall afford such person an opportunity to be heard in person\nor by counsel in reference thereto. No prior notice and hearing is\nrequired before the commissioner issues an order directing the cessation\nof unlicensed activities.\n 4. Written notice must be served to the licensee or person charged.\n 5. The hearing on such charges shall be at such time and place as the\ncommissioner shall prescribe.\n
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