Section 20-420. Issuance, renewal, revocation and suspension of license; fines  


Latest version.
  • In addition to any powers  of  the  commissioner,  and  not  in  limitation  thereof,  a license required pursuant to this subchapter may
      be suspended or revoked or issuance or renewal  thereof  denied  by  the
      commissioner, and the licensee may be fined pursuant to subdivision e of
      section  20-104  of chapter one of this title, upon a determination made
      by the commissioner or the commissioner's designee after due notice  and
      hearing,  that  an  applicant  or  a  licensee,  any  of its principals,
      officers or directors, or any of its stockholders owning more  than  ten
      percent of the outstanding stock of the corporation:
        (a) has practiced fraud or misrepresentation upon a customer;
        (b)  has  practiced  fraud or misrepresentation in establishing his or
      her qualifications for a license under this subchapter;
        (c)  has  aided  or   abetted   another   in   practicing   fraud   or
      misrepresentation  upon a customer or in establishing qualifications for
      a license under this subchapter;
        (d) has engaged in or has aided or  abetted  another  in  engaging  in
      untrue,   misleading  or  deceptive  advertising,  or  unlawful  selling
      practices as defined by the laws of this state,  municipality  or  other
      local  governmental  unit  within  which  such  advertising or practices
      occurred;
        (e) is incompetent or untrustworthy and is thereby unfit to  discharge
      the responsibilities of a licensee;
        (f)  has  failed  upon  request  to render to the customer an itemized
      bill, in writing, containing such details as  may  be  required  by  the
      rules of the department;
        (g)  has  been  convicted  of  a  crime  which, in the judgment of the
      commissioner, has a direct relationship  to  such  person's  fitness  or
      ability to perform any of the activities for which a license is required
      under this subchapter or has been convicted of any other crime which, in
      accordance  with  article  twenty-three-a  of  the correction law, would
      provide a justification for the  commissioner  to  refuse  to  issue  or
      renew, or to suspend or revoke, such license;
        (h)  has  violated  any of the provisions of this title, subchapter or
      the rules promulgated thereunder, or has  knowingly  caused,  permitted,
      aided or abetted another in committing such violation.