Section 7803. License revocation  


Latest version.
  • (a) (1) The superintendent shall have the
      right  to  suspend for a period the superintendent determines, or revoke
      or refuse to renew the license of any  viatical  settlement  company  or
      broker if the superintendent finds that:
        (A)  there  was  any  misrepresentation  in  the  application  for the
      license;
        (B) the licensee has been  convicted  of  fraud  or  has  demonstrated
      incompetency or untrustworthiness to act in such capacity;
        (C)  the  licensee  has  been  convicted of a felony under article one
      hundred fifty-five, one hundred sixty-five,  one  hundred  seventy,  one
      hundred  seventy-five, one hundred seventy-six, one hundred eighty-five,
      one hundred ninety or two hundred ten of the penal law or  of  a  felony
      under the laws of any other state or of the United States, provided that
      such  felony if committed and prosecuted in this state, would constitute
      a similar felony under the laws of this state; or
        (D) the licensee has violated any provision of this chapter.
        (2) As a part  of  such  determination  and  in  accordance  with  the
      provisions  of  paragraph  one of this subsection, the superintendent is
      authorized to require the fingerprinting of licensees and brokers.  Such
      fingerprints  shall  be  submitted  to  the division of criminal justice
      services for a state  criminal  history  record  check,  as  defined  in
      subdivision  one  of section three thousand thirty-five of the education
      law, and may be submitted to the federal bureau of investigation  for  a
      national criminal history record check.
        (b)  Before  the  superintendent  shall  deny a license application or
      suspend, revoke or refuse to renew the license of a viatical  settlement
      company   or  broker,  the  superintendent  shall  give  notice  and  an
      opportunity to be heard, except that, in cases where in the judgment  of
      the  superintendent  the  public  welfare  requires it, a license may be
      suspended for up to ten days prior to a hearing. In lieu of revoking  or
      suspending the license for any of the causes enumerated in this section,
      the superintendent may, after notice, impose a civil penalty of not more
      than five thousand dollars for each violation.