Section 642. Action by superintendent  


Latest version.
  • 1. Upon the filing of an application,
      and  the  payment  of  the  fees  for  investigation  and  license,  the
      superintendent   shall   investigate   the   financial   condition   and
      responsibility, financial and business experience, character and general
      fitness  of  the  applicant  and,  if  the  superintendent  finds  these
      qualities are such  as  to  warrant  the  belief  that  the  applicant's
      business  will  be  conducted honestly, fairly, equitably, carefully and
      efficiently within the purposes and intent of this  article,  and  in  a
      manner  commanding  the  confidence  and  trust  of  the  community, the
      superintendent shall advise the applicant in writing of his  conditional
      approval  of  the  application,  and  thereafter  upon compliance by the
      applicant with the provisions of section six hundred forty-three of this
      article, shall issue to  the  applicant  a  license  to  engage  in  the
      business  of  selling  and  issuing  checks,  and of receiving money for
      transmission and transmitting the same, subject  to  the  provisions  of
      this  article; or the superintendent may deny the application and return
      the license fee to the applicant.
        2. The  superintendent  shall  approve  conditionally  or  deny  every
      application  for  a license hereunder within ninety days from the filing
      thereof. Such period of ninety days may  be  extended,  by  the  written
      consent  of the applicant, for such additional reasonable period of time
      as may be required to  enable  compliance  with  such  requirements  and
      conditions  as  may  be  provided  by  this  article  and  the  rules or
      regulations of the superintendent issued thereunder.
        3. A license issued pursuant to this  article  shall  remain  in  full
      force  and  effect until it is surrendered by the licensee or revoked or
      suspended as provided in this article.
        4. The superintendent may suspend or revoke a license on any ground on
      which he might refuse to issue an original license, or for  a  violation
      of  any  provision  of  this chapter or any regulation issued under this
      article, or for failure of the licensee to pay a judgment, recovered  in
      any court, within or without this state, by a claimant or creditor in an
      action  arising  out of the licensee's business in this state of selling
      or issuing checks or of receiving money for transmission or transmitting
      the same, within thirty days after the judgment becomes final or  within
      thirty  days  after  expiration  or  termination  of a stay of execution
      thereon; provided, however, that if execution on the judgment be stayed,
      by court order or operation of law or  otherwise,  then  proceedings  to
      suspend  or  revoke the license (for failure of the licensee to pay such
      judgment) may not be commenced by the superintendent during the time  of
      such stay, and for thirty days thereafter.
        5.  No  license  shall  be suspended or revoked except after a hearing
      thereon. The superintendent shall give the licensee at least  ten  days'
      written  notice  of  the time and place of such hearing by registered or
      certified mail addressed to the principal  place  of  business  of  such
      licensee.  Any  order  of the superintendent suspending or revoking such
      license shall state the grounds upon which it is based and shall not  be
      effective  until  ten days after written notice thereof has been sent by
      registered or certified mail to the licensee at such principal place  of
      business,  except  that  revocation by reason of the licensee's bond not
      being kept in full force and effect as required by this article,  or  by
      reason  of  failure to keep on deposit sufficient securities or funds as
      required  by  this  article,  may  take  effect   immediately   if   the
      superintendent so orders.
        6.  The  superintendent  may, on good cause shown, or where there is a
      substantial risk of public harm, suspend any license issued pursuant  to
      this   article   for   a  period  not  exceeding  thirty  days,  pending
      investigation. "Good cause", as used in this  subdivision,  shall  exist
    
      only  when  the  licensee  has  defaulted  or  is  likely  to default in
      performing  its  financial  engagements  or  engages  in  dishonest   or
      inequitable  practices  which  may cause substantial harm to the persons
      afforded the protection of this article.