Section 163-C. Revocation of certificates  


Latest version.
  • 1. The commissioner shall at any
      time  have  the  power  to  withhold,  suspend  or revoke any license or
      certificate for sufficient cause, including the dissemination  of  false
      or  misleading  advertising,  or the engaging in fraudulent or deceptive
      business practices, all of which are hereby declared to be unlawful,  or
      any  violation  of  this  chapter  or  non-conformity  with any rules or
      regulation promulgated thereunder.   Before withholding,  suspending  or
      revoking any license or certificate, the commissioner shall give written
      notice  to  the  applicant for or holder of such license or certificate,
      stating that he contemplates the withholding, suspending or  revocation,
      of  same  and  giving  his reasons therefor. Said notice shall appoint a
      time of  hearing  before  said  commissioner  and  shall  be  mailed  by
      registered  mail  or  certified mail to the party holding the license or
      certificate. On the day of hearing,  the  respondent  may  present  such
      evidence  to the commissioner as he deems fit, and after hearing all the
      testimony, the commissioner shall decide the question in such manner  as
      to him appears just and proper. The respondent, if he feels aggrieved at
      the  decision  of the commissioner, may appeal to the commissioner for a
      review of said decision within ten days, and in case of his  failure  to
      request such review the decision shall become final unless within thirty
      days  after  its  issuance  the  respondent  shall  institute  a special
      proceeding for the review thereof, as provided in article  seventy-eight
      of the civil practice law and rules.
        2.  The  word  "fraudulent"  as  used herein shall include any device,
      scheme or artifice to  defraud  and  any  deception,  misrepresentation,
      concealment, suppression, false premise, false promise or unconscionable
      contractual provision.