Section 424. Grounds for denial, suspension or revocation of license; procedure  


Latest version.
  • 1. The secretary shall have the power to suspend or revoke  a
      license or, in lieu thereof, to impose a fine not exceeding one thousand
      dollars  payable to the department, or reprimand any licensee or deny an
      application for a license or renewal thereof upon proof:
        a. that the applicant or licensee has violated any of  the  provisions
      of this article or the rules and regulations promulgated hereunder;
        b. that  the  applicant  or  licensee  has  practiced fraud, deceit or
      misrepresentation;
        c. that the applicant or licensee has made a material misstatement  in
      the application for or renewal of his or her license; or
        d. that  the  applicant  or  licensee has demonstrated incompetence or
      untrustworthiness in his or her actions.
        2. No license shall be  revoked  or  suspended  except  after  written
      notice and a hearing as set forth in subdivisions two, three, four, five
      and six of section seventy-nine of this chapter.
        3. Every  license  issued  hereunder  shall  remain  in full force and
      effect for a period of  two  years  unless  the  same  shall  have  been
      surrendered,  revoked  or suspended in accordance with the provisions of
      this article, but the secretary shall  have  authority  to  reinstate  a
      suspended  license or to issue a new license to a licensee whose license
      shall have been revoked if no fact or condition then exists which  would
      have  warranted  the  secretary  in  refusing  originally  to issue such
      license under this article.
        4. Whenever the secretary shall revoke or  suspend  a  license  issued
      pursuant  to  this  article,  the  secretary  shall forthwith execute in
      duplicate a written order to that effect. The secretary shall  file  one
      copy  of  such order in the office of the department and shall forthwith
      serve the other copy upon the licensee. Any such order may  be  reviewed
      in  the  manner  provided by article seventy-eight of the civil practice
      law and rules.