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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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