442 - Hearing on charges; decision.

§  442.  Hearing on charges; decision. No license or certificate shall  be suspended or revoked or any fine or reprimand imposed upon the holder  thereof until after a hearing had before an officer or employee  of  the  department  designated  for such purpose by the secretary of state, upon  notice to the licensee of at least ten days. The notice shall be  served  either  personally  or  by  certified  mail and shall state the date and  place of hearing and set forth the ground or  grounds  constituting  the  charges  against the licensee. The licensee or registrant shall be heard  in his defense either in person or by counsel and may produce  witnesses  and testify in his behalf. A stenographic record of the hearing shall be  taken and preserved. The hearing may be adjourned from time to time. The  person  conducting  the  hearing  shall  make  a  written  report of his  findings and a recommendation to the secretary of  state  for  decision.  The secretary of state shall review such findings and the recommendation  and,  after  due deliberation, shall issue an order accepting, modifying  or rejecting such recommendation and dismissing the charges,  suspending  or  revoking  the  license  or certificate or in lieu thereof imposing a  fine or reprimand upon the licensee. For the purpose  of  this  article,  the  secretary  of  state  or  any officer or employee of the department  designated by  him,  may  administer  oaths,  take  testimony,  subpoena  witnesses  and  compel  the  production  of  books,  papers, records and  documents deemed pertinent to the subject of investigation.