3511 - Proceedings for suspension or revocation.

§  3511.  Proceedings  for  suspension  or  revocation. 1. Proceedings  against any licensee under this section shall be begun  by  filing  with  the  department  a  written  charge or charges in the form of a petition  under oath against such licensee. The charges may be  preferred  by  any  person, corporation, association or public officer, or by the department  in the first instance.    2.  If  the commissioner decides that the charges should be heard, the  commissioner shall appoint a hearing officer to hear and report  on  the  charges  and  shall  set a time and place for the hearing. A copy of the  charges, together with a notice of the time and place of hearing,  shall  be served on the accused at least fifteen days before the date fixed for  the hearing.    3.  The respondent in all such cases brought under this section shall,  at least five days before the return date of the petition containing the  charges, file with the department a verified answer,  in  duplicate,  to  the  allegations  set forth in such petition. The accused shall have the  opportunity at such hearing to appear either personally or  by  counsel,  to  cross-examine witnesses and to produce evidence and witnesses in his  or her defense.    4. Upon the conclusion of the hearing, the hearing officer shall  make  a  written  report  of findings and conclusions and shall transmit them,  together with a recommendation, to the commissioner. If the  accused  is  found  not  guilty  by  the commissioner, the commissioner shall order a  dismissal of the charges and an exoneration. If  the  accused  is  found  guilty of the charges, or any of them, the commissioner shall, in his or  her  discretion,  issue  an  order suspending, revoking or annulling the  license  registration  or  certificate  of  the  accused,  or  otherwise  disciplining him or her.    5.  Where  the  license  registration or certificate of any person has  been revoked or annulled, as provided in this title, the department may,  after  the  expiration  of  two  years,  entertain  an  application  for  restoration of such license or registration.    6.  A  licensee  whose  license  registration  or certificate has been  suspended, revoked or annulled, or who is  otherwise  disciplined  under  this  article,  may commence a proceeding under article seventy-eight of  the civil practice law and rules in the supreme  court,  Albany  county,  for   the   purpose   of  reviewing  such  determination,  but  no  such  determination shall be stayed or enjoined except  after  notice  to  the  attorney general of the commencement of the proceeding.