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In an “Application Hearing,” The Department of State, Division of Licensing Services issues a proposed denial to an Applicant found unqualified for licensure. If your application for licensure is denied, you will be afforded an opportunity to request a hearing to contest the denial. The Office of Administrative Hearings will assign an Administrative Law Judge to the case. You will receive a Notice of Hearing (pdf) from the Hearing Presenter representing the Division of Licensing Services in the case. You have the burden of proof to prove by substantial evidence that you meet the qualifications for licensure. If you fail to prove that you meet the qualifications for licensure, the ALJ assigned to your case will deny your application for licensure.
I am a Licensee and I recently received a complaint against me. What do I do now?
In a “Disciplinary Hearing,” the Department of State issues a complaint against a Licensee. The complaint contains an allegation(s) that you violated one or more rules of your profession or occupation, and proposes to take disciplinary action against you. Disciplinary action could mean the suspension or revocation of your license, and/or a fine depending on the complaint filed against you.
The Office of Administrative Hearings will schedule a hearing. The Division of Licensing Services must prove its case against you by substantial evidence. You will have an opportunity to defend yourself at the hearing before an Administrative Law Judge in the Office of Administrative Hearings.
How do I request a hearing?
If you are a Licensee and the Division of Licensing Services has filed a complaint against you, then you will be informed of your hearing date in your Notice of Hearing. Your hearing will be scheduled automatically.
If you are an Applicant, then you will receive a proposed denial of your application for licensure. You will have an opportunity to request a hearing before an Administrative Law Judge who will review the proposed denial of your application.
Your request for a hearing must be in writing and state that you are requesting a hearing. You must include your name, unique ID number if you have one, your home address, your email address, and a phone number where you can be reached during the day.
As a courtesy, the Department of State has drafted a sample form that you may use to request a hearing. You must submit a written request including the information listed above, whether you use the sample form provided by DOS or not.
Your request will be considered to be filed on the date received by the Office of Administrative Hearings.
Mail requests to the Division of Licensing Services, at the address provided on the Contact page.
To Request A Hearing:
Division of Licensing Services
Application Audit Unit
Department of State
One Commerce Plaza
99 Washington Avenue, 5th Floor
P.O. Box 22001
Albany, NY 12201
How long do I have to request a hearing?
Generally, you have thirty-five (35) days from the date that you receive the proposed denial of your application for licensure to request a hearing. You may have fewer or more days depending on the license for which you applied. For more information please refer to the licensing laws for your profession or occupation. A list of all licensed occupations are available on the Division of Licensing Homepage. Click on the link to learn more.
What is a “Notice of Hearing?”
The Notice of Hearing will be sent to Applicants and Licensees by the Hearing Presenter representing the Division of Licensing Services in the case. The Notice shall include:
A sample Notice of Hearings for Applicants can be found here:
Sample Applicant Notice of Hearing (pdf)
A sample Notice of Hearings for Licensees can be found here:
Sample Licensee Notice of Hearing (pdf)
Your Notice of hearing shall be served with a copy of articles 3,4, and 5 of the State Administrative Procedure Act and relevant definitions under section 102 of the State Administrative Procedure Act. A summary of these rules can be found here on the Guide to Statutes and Rules Relating to Hearings and Appeals.
Is it possible to settle before the date of hearing?
If you are a current license holder and you are interested in discussing a settlement, contact the Hearing Presenter listed on the first page of your Notice of Hearing. The Hearing Presenter listed on the first page of your Notice of Hearing. The Hearing Presenter represents the Division of Licensing Services in the case, and may accept, reject and negotiate settlements. In some cases, a settlement may not be possible. Even after your hearing begins, the ALJ may suggest settlement discussions between the parties, or, upon request, may provide an opportunity during the hearing for such discussions.