New York License Law
Under New York Real Property Law, a real estate salesperson who is accused of professional misconduct has the right to:
ANo rights; the DOS may discipline without any process
BNotice of the charges, a fair hearing before a DOS hearing officer, and the right to present a defense✓ Correct
CA jury trial for any disciplinary proceeding
DAutomatic dismissal of charges if the DOS takes more than 30 days to investigate
Explanation
New York's Administrative Procedure Act and RPL Article 12-A provide due process protections for licensees facing disciplinary proceedings. Licensees have the right to: notice of the charges against them, a fair hearing before a DOS hearing officer or administrative law judge, the opportunity to present evidence and examine witnesses, and the right to be represented by counsel.
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