§ 398-f. Hearings; review board; appeals; judicial review. 1.\nHearings. (a) Upon the denial of an application for a certificate of\nregistration, the applicant shall, upon written request made within\nthirty days after the applicant is notified of such denial, be entitled\nto a hearing before an officer or employee of the department designated\nfor such purpose by the commissioner.\n (b) No certificate of registration shall be suspended or revoked,\npenalty imposed or determination of gross negligence or gross\novercharging made as provided for pursuant to paragraph (h) of\nsubdivision one of section three hundred ninety-eight-e of this article,\nuntil such registrant shall have been given the opportunity to be heard,\nupon written notice to the registrant, before an officer or employee of\nthe department designated for such purpose by the commissioner,\nprovided, however, that where a notice of hearing is mailed to a\nregistrant at the address shown in the records of the department and\nsuch registrant fails to attend such hearing, the commissioner may\nsuspend such registration pending the registrants attendance at such\nhearing. Requests for adjournment of such hearings shall be granted in\naccordance with regulations promulgated by the commissioner. A\nsuspension pending attendance at a hearing shall not be appealable.\n (c) The commissioner acting by such officer or employee in the\ndepartment as he may designate, shall have the power to subpoena and\nbring before such officer or employee so designated any person in this\nstate, or document, record or other relevant evidence, and administer an\noath to and take the testimony of any such person or cause his\ndeposition to be taken. A subpoena issued pursuant to this action shall\nbe regulated by the civil practice law and rules.\n (d) In the event a certificate of registration is revoked or an\napplication is denied, no such certificate shall be issued to such\nformer registrant or applicant for at least six months, nor thereafter,\nexcept in the discretion of the commissioner.\n 2. Review board. The commissioner shall establish a review board.\nSuch board shall consist of persons who have been engaged in the\nautomotive repair shop business for at least five years representing the\nautomobile repair shop industry, persons who shall be laymen having no\nassociation with the automotive repair shop industry representing\nconsumers, and persons who are attorneys admitted to practice in this\nstate and who have no interest in or represent as an attorney an\nautomotive repair shop. Members of the review board shall be appointed\ninsofar as is practicable to provide for representation of different\ngeographic areas of the state, and shall serve in no other capacity in\nthe department of motor vehicles. The number of persons appointed to\nsuch review board shall be determined by the commissioner and shall be\nappointed to serve at his pleasure. Three persons, one of whom shall be\nautomotive repair shop industry representatives, one of whom shall be\nconsumer representatives, and one of whom shall be an attorney appointed\npursuant to the provisions of this subdivision, shall as a panel review\neach appeal from a determination of the hearing officer. Such attorney\nshall serve as the chairman of such panel with respect to any such\nreview. Members of the review board shall be entitled to their actual\nand necessary expenses incurred in the performance of their duties\nthereunder, and shall be entitled to a per diem allowance as determined\nby the commissioner and approved by the director of the division of the\nbudget not to exceed one hundred dollars except that those members who\nserve as the chairman of a panel at appeal proceedings may be entitled\nto a per diem allowance in an amount so determined and approved but not\nexceeding one hundred fifty dollars.\n 3. Appeals. (a) The review board will review and determine all\nappeals filed pursuant to this article
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