N.Y. Agriculture & Markets Law § 163-c: Revocation of certificates

§ 163-c. Revocation of certificates. 1. The commissioner shall at any

time have the power to withhold, suspend or revoke any license or

certificate for sufficient cause, including the dissemination of false

or misleading advertising, or the engaging in fraudulent or deceptive

business practices, all of which are hereby declared to be unlawful, or

any violation of this chapter or non-conformity with any rules or

regulation promulgated thereunder. Before withholding, suspending or

revoking any license or certificate, the commissioner shall give written

notice to the applicant for or holder of such license or certificate,

stating that he contemplates the withholding, suspending or revocation,

of same and giving his reasons therefor. Said notice shall appoint a

time of hearing before said commissioner and shall be mailed by

registered mail or certified mail to the party holding the license or

certificate. On the day of hearing, the respondent may present such

evidence to the commissioner as he deems fit, and after hearing all the

testimony, the commissioner shall decide the question in such manner as

to him appears just and proper. The respondent, if he feels aggrieved at

the decision of the commissioner, may appeal to the commissioner for a

review of said decision within ten days, and in case of his failure to

request such review the decision shall become final unless within thirty

days after its issuance the respondent shall institute a special

proceeding for the review thereof, as provided in article seventy-eight

of the civil practice law and rules.

2. The word "fraudulent" as used herein shall include any device,

scheme or artifice to defraud and any deception, misrepresentation,

concealment, suppression, false premise, false promise or unconscionable

contractual provision.