Section 404. License refusal, suspension, or revocation  


Latest version.
  • The commissioner
      may decline to grant or renew or may suspend  or  revoke  a  pet  dealer
      license, on any one of the following grounds:
        1. Material misstatement in the license application.
        2. Material misstatement in or falsification of records required to be
      kept  pursuant  to  this  article,  or  under any regulation promulgated
      thereunder,  or  failure  to  allow  the  commissioner  or  his  or  her
      authorized agents to inspect records or pet dealer facilities.
        3.  Violation  of  any  provision  of  this article or conviction of a
      violation of any provision of article  twenty-six  of  this  chapter  or
      regulations  promulgated  thereunder  pertaining  to humane treatment of
      animals, cruelty to animals,  endangering  the  life  or  health  of  an
      animal,  or  violation of any federal, state, or local law pertaining to
      the care, treatment, sale, possession, or handling  of  animals  or  any
      regulation   or  rule  promulgated  pursuant  thereto  relating  to  the
      endangerment of the life or health of an animal.
        4. Before any license shall be suspended or revoked, the commissioner,
      or any hearing officer he or she may designate, shall  hold  a  hearing,
      upon  due  notice  to  the  licensee, in accordance with any regulations
      promulgated by the department and in accordance with articles three  and
      four of the state administrative procedure act.
        5.  Any action of the commissioner shall be subject to judicial review
      in a proceeding under article seventy-eight of the  civil  practice  law
      and rules.