Section 7803. License revocation
Latest version.
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(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.