Section 20-504.1. Mandatory suspension or revocation of license  


Latest version.
  • After due
      notice and opportunity to be heard, the  commissioner  shall  refuse  to
      renew,  or  shall  suspend  or  revoke  a  license  required  under this
      subchapter, upon the occurrence of any one  or  more  of  the  following
      conditions:
        a.  the  person  holding  a  license  to  engage  in  towing  or where
      applicable, any of  such  licensee's  officers,  principals,  directors,
      employees,   or  stockholders  owning  more  than  ten  percent  of  the
      outstanding stock of the corporation has been found by the  commissioner
      to  have  willfully and unjustifiably refused to release a vehicle towed
      pursuant to section 20-518 or section 20-519 of this subchapter, to  the
      vehicle's  owner  or the owner's agent. The commissioner shall establish
      standards concerning the  sufficiency  of  proof  of  ownership  of  the
      vehicle  and  the  legality  of any charges demanded by the licensee for
      release of the vehicle. In determining whether such refusal  is  willful
      and  unjustifiable,  the  commissioner in addition to any other relevant
      fact shall consider such standards;
        b. the  person  holding  a  license  to  engage  in  towing  or  where
      applicable,  any  of  such  licensee's  officers, principals, directors,
      employees,  or  stockholders  owning  more  than  ten  percent  of   the
      outstanding stock of the corporation has been convicted of a misdemeanor
      or a felony related to auto stripping in violation of article 165 of the
      penal law;
        c.  the  person  holding  a  license  to  engage  in  towing  or where
      applicable, any of  such  licensee's  officers,  principals,  directors,
      employees,   or  stockholders  owning  more  than  ten  percent  of  the
      outstanding stock of the corporation has been found by the  commissioner
      to  have  committed  in  any combination three or more violations of the
      provisions of section 20-515  or  paragraph  two  of  subdivision  b  of
      section  20-518  of  this subchapter or any rules promulgated thereunder
      within a two year period;
        d. the person holding a tow truck operator's license has been found by
      the commissioner to have  committed  in  any  combination  two  or  more
      violations  of  the  provisions  of  section  20-515 or paragraph two of
      subdivision b  of  section  20-518  of  this  subchapter  or  any  rules
      promulgated thereunder within a two year period.
        e. the person holding a tow truck operator's license has been found to
      have  operated  any motor vehicle in violation of section eleven hundred
      ninety-two of the vehicle and traffic law during the  license  term,  or
      has  been  found  to  have  operated a tow truck in violation of section
      eleven hundred eighty-two of the vehicle and traffic law.