§ 160-v. Due process. 1. Before suspending or revoking any certification or license, the department shall notify the state certified or licensed real estate appraiser or licensed real estate appraiser assistant in writing of any charges made at least twenty days prior to the date set for the hearing and shall afford him or her an opportunity to be heard in person or by counsel.

Terms Used In N.Y. Executive Law 160-V

  • Department: shall mean the department of state. See N.Y. Executive Law 160-A
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Real estate: means an identified parcel or tract of land, including improvements, if any. See N.Y. Executive Law 160-A
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

2. The written notice may be served either personally or sent by certified mail to the last known business address of the appraiser.

3. The department shall have the power to subpoena and issue subpoena duces tecum and to take testimony by deposition, in the same manner as prescribed by law in judicial proceedings in the courts of this state.