Section 441-C. Revocation and suspension of licenses

1.  Powers  of
  department. (a) The department of state may revoke the license of a real
  estate broker or salesman or suspend the same, for such  period  as  the
  department  may  deem  proper,  or in lieu thereof may impose a fine not
  exceeding one thousand dollars payable to the department of state, or  a
  reprimand  upon  conviction  of  the  licensee  of  a  violation  of any
  provision of this  article,  or  for  a  material  misstatement  in  the
  application  for  such  license,  or if such licensee has been guilty of
  fraud  or  fraudulent  practices,  or  for   dishonest   or   misleading
  advertising,  or  has  demonstrated untrustworthiness or incompetency to
  act as a real estate broker or salesman, as the case may be. In the case
  of a real estate broker engaged in the business of a  tenant  relocator,
  untrustworthiness  or  incompetency shall include engaging in any course
  of  conduct  including,  but  not  limited  to,  the   interruption   or
  discontinuance  of  essential  building service, that interferes with or
  disturbs the peace, comfort, repose and quiet enjoyment of a tenant.
    (b)(i)  The provisions of this paragraph shall apply in all  cases  of
  licensed  broker  or  licensed salesman who have failed, after receiving
  appropriate notice, to  comply  with  a  summons,  subpoena  or  warrant
  relating  to a paternity or child support proceeding or is in arrears in
  payment of child support or combined child and spousal support  referred
  to the department by a court pursuant to the requirements of section two
  hundred  forty-four-c  of  the  domestic  relations  law  or pursuant to
  section four hundred fifty-eight-b or five hundred forty-eight-b of  the
  family court act.
    (ii)    Upon receipt of an order from the court pursuant to one of the
  foregoing provisions of law based on arrears in payment of child support
  or combined child and spousal support, the department, if it finds  such
  person  to  be  so licensed, shall within thirty days of receipt of such
  order from the court, provide notice to the licensee of, and initiate, a
  hearing which shall be held by it at least twenty days and no more  than
  thirty  days  after  the  sending  of such notice to the licensee.   The
  hearing shall be held solely for  the  purpose  of  determining  whether
  there  exists  as  of the date of the hearing proof that full payment of
  all arrears of support established by the order of the court to  be  due
  from  the  licensee  have  been paid.   Proof of such payment shall be a
  certified check showing full payment of established arrears or a  notice
  issued  by  the court, or the support collection unit where the order is
  payable to the support collection unit  designated  by  the  appropriate
  social  services district.  Such notice shall state that full payment of
  all arrears of support established by the order of the court to  be  due
  have been paid.  The licensee shall be given full opportunity to present
  such  proof  of payment from the court or support collection unit at the
  hearing in person or by counsel.  The only issue to be determined by the
  department as a result of the hearing is whether the arrears  have  been
  paid.    No  evidence  with  respect to the appropriateness of the court
  order or ability of the respondent party in arrears to comply with  such
  order shall be received or considered by the department.
    (iii)  Upon  receipt  of  an  order from the court based on failure to
  comply with a summons, subpoena, or warrant relating to a  paternity  or
  child  support proceeding, the department, if it finds such person to be
  so licensed, shall within thirty days of receipt of such order from  the
  court,  provide  notice to the licensee that his or her license shall be
  suspended within sixty days unless the conditions in subparagraph (v) of
  this section are met.
    (iv)  Notwithstanding any inconsistent provision of this article or of
  any other provision of law to the contrary, the license of a real estate
  broker or salesman shall be suspended if at the hearing, provided for by

  subparagraph two of this paragraph, the licensee  fails to present proof
  of payment as required by such subdivision.  Such suspension  shall  not
  be  lifted  unless  the  court or the support collection unit, where the
  court  order is payable to the support collection unit designated by the
  appropriate social services district, issues notice  to  the  department
  that  full payment of all arrears of support established by the order of
  the court to be due have been paid.
    (v)  Notwithstanding any inconsistent provision of this article or  of
  any other provision of law to the contrary, the license of a real estate
  broker  or  a  salesperson  shall  be  suspended  in accordance with the
  provisions of subparagraph (iii) of  this  paragraph  unless  the  court
  terminates   its   order  to  commence  suspension  proceedings.    Such
  suspension shall not be lifted unless the court issues an order  to  the
  department terminating its order to commence suspension proceedings.
    (vi)    The  department  shall  inform  the court of all actions taken
  hereunder as required by law.
    (vii)    This  paragraph  applies  to  paternity  and  child   support
  proceedings  commenced  under,  and support obligations paid pursuant to
  any order of child support or child and  spousal  support  issued  under
  provisions of section two hundred thirty-six or two hundred forty of the
  domestic  relations  law, or article four, five, five-A or five-B of the
  family court act.
    (viii)  Notwithstanding any inconsistent provision of this article  or
  of  any  other  provision of law to the contrary, the provisions of this
  paragraph shall apply to the exclusion of any other requirements of this
  article and to the exclusion of any other  requirement  of  law  to  the
  contrary.
    2. Determination of department. In the event that the department shall
  revoke  or  suspend any such license, or impose any fine or reprimand on
  the holder thereof, its determination shall be in writing and officially
  signed. The original of such determination, when  so  signed,  shall  be
  filed in the office of the department and copies thereof shall be served
  personally  or  by  registered  mail  upon  the  broker  or salesman and
  addressed to the principal place of business of such broker or salesman,
  and to the complainant. All brokers' and salesmen's licenses and  pocket
  cards  shall  be  returned  to  the department of state within five days
  after the receipt of notice of a revocation or suspension,  or  in  lieu
  thereof,  the  broker  or  salesman  whose  license  has been revoked or
  suspended shall make and file an affidavit in  form  prescribed  by  the
  department of state, showing that the failure to return such license and
  pocket card is due either to loss or destruction thereof.
    3.  The display of a real estate broker's license after the revocation
  or suspension thereof is prohibited.
    4. Whenever the license  of  a  real  estate  broker  or  real  estate
  salesman  is  revoked by the department, such real estate broker or real
  estate salesman shall be ineligible to be relicensed either  as  a  real
  estate  broker  or  real estate salesman until after the expiration of a
  period of one year from the date of such revocation.