§ 3451. Suspension and revocation of licenses; complaints and charges. 1. (a) Any person, public officer, or association, or the department may for due cause, prefer charges pursuant to the provisions of this chapter against any licensee.

Terms Used In N.Y. Public Health Law 3451

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Oath: A promise to tell the truth.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b) Such charges shall be in writing and verified under oath and shall be submitted to the department.

2. (a) The commissioner or any person or persons appointed by him for the purpose, may hold a preliminary hearing to determine whether a trial on the formal charges is necessary.

(b) The commissioner may dismiss the charges and take no action thereon, by formal hearing or otherwise, in his discretion, in the event that he or the person or persons thus appointed by him do not deem a formal hearing necessary, in which event the charges and the order dismissing the charges shall be filed with the department.

3. (a) If the commissioner or the person or persons thus appointed by him decide that the charges shall be heard, the commissioner shall designate a hearing officer to determine the charges and set a time and place for a hearing.

(b) A copy of the charges, together with notice of the time and place of the hearing, shall be served on the accused in accordance with section twelve-a of this chapter.

4. (a) Upon the conclusion of the hearing, the commissioner may revoke the license of the accused, or suspend such license for a fixed period, or reprimand, or take such other disciplinary action in accordance with this article, or dismiss the charges.

(b) An order or suspension made by the commissioner may contain such provisions as to reinstatement of the license as the commissioner shall direct.

(c) The commissioner, in his discretion, may direct a rehearing or take additional evidence, and may rescind or affirm the prior determination after such rehearing, but nothing in this subdivision shall preclude appropriate relief under article seventy-eight of the civil practice act.

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