Section 20-504. Renewal, suspension and revocation of licenses  


Latest version.
  • After due
      notice and opportunity to be heard, the commissioner may refuse to renew
      any license required under this subchapter and may suspend or revoke any
      such license upon the occurrence of any one or  more  of  the  following
      conditions:
        a.  the  person  holding a tow truck operator's license, or the person
      holding a license to engage in towing or where applicable its  officers,
      principals,  directors,  employees, or stockholders owning more than ten
      percent of the outstanding stock of the corporation have been  found  by
      the  commissioner  to have violated any provisions of this subchapter or
      any rule promulgated thereunder; or
        b. the person holding a tow truck operator's license,  or  the  person
      holding  a license to engage in towing or where applicable its officers,
      principals, directors, employees, or stockholders owning more  than  ten
      percent  of  the outstanding stock of the corporation were found to have
      operated a tow truck in a  grossly  negligent  manner  or  in  a  manner
      showing  a reckless disregard for life or property. For purposes of this
      subdivision, a finding that any  such  person  violated  section  eleven
      hundred  ninety-two  of the vehicle and traffic law in the course of the
      operation of a tow truck shall be deemed gross negligence; or
        c. the person holding a tow truck operator's license,  or  the  person
      holding  a license to engage in towing or where applicable its officers,
      principals, directors or stockholders owning more than  ten  percent  of
      the  outstanding  stock  of  the  corporation have made a material false
      statement or concealed a material fact in connection with the filing  of
      any  application pursuant to this subchapter or have engaged in fraud or
      misrepresentation in connection with the rendering of services; or
        d. the person holding a tow truck operator's license,  or  the  person
      holding  a license to engage in towing or where applicable its officers,
      principals, directors or stockholders owning more than  ten  percent  of
      the  outstanding stock of the corporation have not paid, within the time
      permitted by law, any fine, penalty or judgment duly imposed pursuant to
      the provisions of this subchapter or any rule or regulation  promulgated
      hereunder  or duly imposed in connection with or arising from the use or
      operation of a tow truck or the occupation of the premises on which  the
      licensed business is conducted; or
        e.  the  person  holding a tow truck operator's license, or the person
      holding a license to engage in towing or where  applicable  any  of  its
      officers,  principals,  directors  or  stockholders owning more than ten
      percent of the outstanding stock of the corporation 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  renew,  or to suspend or revoke, such
      license; or
        f. the person holding a tow truck operator's license,  or  the  person
      holding  a license to engage in towing has failed to maintain any of the
      conditions  for  issuance  of  such  license  as  provided  under   this
      subchapter or any rule or regulation promulgated hereunder.