Section 22-217. Revocation or suspension of license, registration or photo identification card  


Latest version.
  • a. In addition to the penalties provided in section  22-215 of this chapter, the  commissioner  may,  after  due  notice  and
      opportunity  for a hearing, take action pursuant to subdivisions b and c
      of this section.
        b. The commissioner may revoke or suspend a license or class  A  photo
      identification  card  issued  pursuant to the provisions of this chapter
      when the licensee and/or a principal, employee or agent of a licensee or
      a person to whom such photo identification card has been issued: (i) has
      been found to be in violation of this chapter or any  rules  promulgated
      pursuant  thereto;  (ii)  has repeatedly failed to obey lawful orders of
      the market manager or his or her staff; (iii)  has  failed  to  pay  any
      fines  or  civil penalties imposed pursuant to this chapter or the rules
      promulgated pursuant thereto; (iv) has been found in  violation  of  any
      laws  prohibiting  deceptive, unfair, or unconscionable trade practices,
      or has been found in persistent or substantial violation  of  any  city,
      state,  or  federal  law,  rule  or regulation regarding the handling of
      seafood;  (v)  whenever,  in  relation  to  an  investigation  conducted
      pursuant   to   this   chapter,   the   commissioner  determines,  after
      consideration of the factors set  forth  in  subdivision  b  of  section
      22-216 of this chapter, that the licensee, any principal of the licensee
      or  a  person  required  to  possess a class A photo identification card
      lacks good character, honesty and integrity;  (vi)  whenever  there  has
      been  any  false statement or misrepresentation as to a material fact in
      the application or  accompanying  papers  upon  which  the  issuance  or
      renewal  of the license or photo identification card was based; or (vii)
      whenever the licensee has failed to notify the  market  manager  of  any
      material  change,  as  required by rules promulgated by the commissioner
      pursuant to section 22-223 of this chapter, in the information  required
      to  be provided on the application for such license, or of the arrest or
      criminal conviction of the licensee or any  of  the  principals  of  the
      licensee,  or  of  the arrest or criminal conviction of any employees or
      agents of the licensee of which the licensee  had  knowledge  or  should
      have known.
        c.  The commissioner may revoke or suspend a registration or a class B
      photo identification card issued  pursuant  to  this  chapter  when  the
      person  to whom such registration or card was issued: (i) has been found
      to be in persistent or substantial violation  of  this  chapter  or  any
      rules  promulgated  pursuant thereto; (ii) has repeatedly failed to obey
      lawful orders of the market manager or his or her staff; (iii)  whenever
      there has been any false statement or misrepresentation as to a material
      fact  in  the  papers  upon  which registration or issuance of the photo
      identification card was based; (iv) has failed to pay any fines or civil
      penalties imposed pursuant to this  chapter  or  the  rules  promulgated
      pursuant   thereto;  (v)  has  been  found  in  violation  of  any  laws
      prohibiting deceptive, unfair, or unconscionable trade practices, or has
      been found in persistent or substantial violation of any city, state, or
      federal law, rule or regulation regarding the handling of seafood;  (vi)
      has  been  found in violation of any city, state or federal law, rule or
      regulation when such violation is inimical to the purpose and intent  of
      this  chapter;  or  (vii)  has  failed to notify the commissioner of any
      material change, in the information submitted  in  the  application  for
      registration,  or of the arrest or criminal conviction of the registrant
      or any of the principals of the registrant, or of the arrest or criminal
      conviction of any employees or agents of the  registrant  of  which  the
      registrant had knowledge or should have known.
        d.  An  order of suspension pursuant to this section shall specify the
      period during which such suspension shall remain in effect; such  period
    
      shall  be  reasonable  in  relationship  to  the violation or violations
      underlying the suspensions.
        e.  For purposes of this section: (i) "persistent" shall mean three or
      more violations  within  a  six  month  period;  and  (ii)  "substantial
      violation"  shall  mean a violation which has a bearing on the continued
      fitness of a licensee, registrant or holder of  a  photo  identification
      card to operate a business or work in the market area.