Ch. 3 - Unlicensed Assistants and License Law Violations

Question 1

An appeal of a decision can be made to the Secretary of State or judicially through an _________ .

Answer 1

Article 78 proceeding.

Question 2

What happens if the Department decides to deny a license application?

Answer 2

The Department will notify the applicant in writing, and the applicant can ask for a hearing within 30 days of receiving the denial notice.

Question 3

What are the four sections of a hearing decision and what does each section describe?

Answer 3

Complaint - Describes what the Department of State thinks the respondent may have done.
Findings of Fact - Outlines what the court believes happened.
Opinion and Conclusions of Law -Explains what violations the Respondent committed and has references to the specific law that the Respondent violated.
Determination - Cites the penalty that the court is imposing on the Respondent.

Question 4

If the Department decides to deny a license application, the applicant will be notified in writing and may then ask for a hearing within ___ days.

Answer 4

30