N.Y. Agriculture & Markets Law § 404: License refusal, suspension, or revocation

§ 404. License refusal, suspension, or revocation. The commissioner

may decline to grant or renew or may suspend or revoke a pet dealer

license, on any one of the following grounds:

1. Material misstatement in the license application.

2. Material misstatement in or falsification of records required to be

kept pursuant to this article, or under any regulation promulgated

thereunder, or failure to allow the commissioner or his or her

authorized agents to inspect records or pet dealer facilities.

3. Violation of any provision of this article or conviction of a

violation of any provision of article twenty-six of this chapter or

regulations promulgated thereunder pertaining to humane treatment of

animals, cruelty to animals, endangering the life or health of an

animal, or violation of any federal, state, or local law pertaining to

the care, treatment, sale, possession, or handling of animals or any

regulation or rule promulgated pursuant thereto relating to the

endangerment of the life or health of an animal.

4. Before any license shall be suspended or revoked, the commissioner,

or any hearing officer he or she may designate, shall hold a hearing,

upon due notice to the licensee, in accordance with any regulations

promulgated by the department and in accordance with articles three and

four of the state administrative procedure act. Where a licensee has

three consecutive inspections in which the licensee has failed to

correct deficiencies of a critical nature, pursuant to this section, the

commissioner shall hold a hearing to consider the suspension or

revocation of the pet dealer license. Nothing in this section shall

prohibit the commissioner from taking additional actions as otherwise

permitted by this section regarding such licenses prior to the

occurrence of three consecutive inspections in which the licensee has

failed to correct deficiencies of a critical nature.

5. Any action of the commissioner shall be subject to judicial review

in a proceeding under article seventy-eight of the civil practice law

and rules.