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NEW YORK STATE
STATE ADMINISTRATIVE PROCEDURE ACT
(SAPA)


ARTICLE 4

LICENSES

Sec.   401.    Licenses.

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Sec. 401. LICENSES.

1.   When licensing is required by law to be preceded by notice
     and opportunity for hearing, the provisions of this chapter
     concerning adjudicatory proceedings apply. For purposes of
     this act, statutes providing an opportunity for hearing
     shall be deemed to include statutes providing an opportunity
     to be heard.

2.   When a licensee has made timely and sufficient application
     for the renewal of a license or a new license with reference
     to any activity of a continuing nature, the existing license
     does not expire until the application has been finally
     determined by the agency, and, in case the application is
     denied or the terms of the new license limited, until the
     last day for seeking review of the agency order or a later
     date fixed by order of the reviewing court, provided that
     this subdivision shall not affect any valid agency action
     then in effect summarily suspending such license.

3.   If the agency finds that public health, safety, or welfare
     imperatively requires emergency action, and incorporates a
     finding to that effect in its order, summary suspension of a
     license may be ordered, effective on the date specified in
     such order or upon service of a certified copy of such order
     on the licensee, whichever shall be later, pending
     proceedings for revocation or other action. These
     proceedings shall be promptly instituted and determined.

4.   When the hearing seeks the revocation of a license or permit
     previously granted by the agency, either party shall, upon
     demand and at least seven days prior to the hearing,
     disclose the evidence that the party intends to introduce at
     the hearing, including documentary evidence and
     identification of witnesses, provided, however, the
     provisions of this subdivision shall not be deemed to
     require the disclosure of information or material otherwise
     protected by law from disclosure, including information and
     material protected because of privilege or confidentiality.
     If, after such disclosure, a party determines to rely upon
     other witnesses or information, the party shall, as soon as
     practicable, supplement its disclosure by providing the
     names of such witnesses or the additional documents.

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