New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter II - LANDS AND FORESTS
Part 197 - Guides Licensing
Section 197.8 - License revocation
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Whenever the department determines that any licensed guide has violated any of the provisions of the Environmental Conservation Law, or of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York or of any permit issued by this department, the department shall notify, by registered or certified mail, the licensed guide of its finding and of the revocation of the guide's license. Upon receiving such notification of revocation the licensee must deliver the license badge, license certificate and license card within five calendar days to the regional ranger for the area in which the licensee resides or to the superintendent of forest protection and fire management if there is no regional ranger or if the licensee resides outside the State.
(b) The guide may request a hearing within 30 days of receipt of such notice before the commissioner or his designee in the region in which the violation occurred to present any information or material relevant to the determination to revoke the license or to the penalty proposed by the department or both.
(c) Failure to request a hearing within the 30-day period in writing will be deemed a waiver of the right to a hearing. The penalty proposed by the department in its notice shall take effect 31 days after the guide's receipt of the notice in section 197.8(a) of this Part unless a hearing has been requested pursuant to section 197.8(b) of this Part.
(d) Within 30 days of the close of the hearing the commissioner or his designee shall issue a written decision which shall specify the basis for the decision upholding or reversing the revocation together with any decision on any penalty if the revocation is upheld. The revocation period will not exceed one year.
(e) Upon completion of the revocation period provided for in the penalty imposed by the department pursuant to this Part, the department will return to the licensee the identification, certificate and card previously surrendered to the department, provided that the license has not expired and all requirements of section 197.3 of this Part are current.
