* § 938. Denial of license; complaints; notice of hearing. 1. The department shall, before making a determination to deny an application for a license, notify the applicant in writing of the reasons for such proposed denial and afford the applicant an opportunity to be heard in person or by counsel prior to denial of the application. Such notification shall be served in any manner authorized by the civil practice law and rules for service of summons. Such notice shall notify the applicant that a request for a hearing must be made within thirty days after receipt of such notification. If a hearing is requested, such hearing shall be held at such time and place as the department shall prescribe.

1. 2. If the applicant fails to make a written request for a hearing within thirty days after receipt of such notification, then the notification of denial shall become the final determination of the department. The department shall have subpoena powers regulated by the civil practice law and rules. If, after such hearing, the application is denied, written notice of such denial shall be served upon the applicant in any manner authorized by the civil practice law and rules for the service of a summons.
2. 3. The department shall, before revoking or suspending any license or imposing any fine as authorized by this article or reprimand on the holder thereof, or before issuing any order directing the cessation of unlicensed activities, and at least ten days prior to the date set for the hearing, notify in writing the holder of such license, or the person alleged to have engaged in unlicensed activities, of any charges made and shall afford such person an opportunity to be heard in person or by counsel in reference thereto.
3. 4. Written notice must be served to the licensee or person charged.
4. 5. The hearing on such charges shall be at such time and place as the department shall prescribe. * NB Effective July 28, 2015