N.Y. Agriculture & Markets Law § 45-a: Refunds

§ 45-a. Refunds. 1. Moneys heretofore or hereafter received by the

department pursuant to this chapter may, within one year from the

receipt thereof, be refunded to the party for whose account same were

received, on proof satisfactory to the commissioner that:

a. Such moneys were in excess of the amount required by law.

b. The license for which application was made has been refused by the

commissioner.

c. Such moneys were received as payment for services or materials and

such services have not been rendered or such materials furnished.

d. Such moneys were received as rental or concession fees and the

applicant for such concession or lease has, by acts or omissions of the

department, been deprived of the use of the leased premises or has been

prevented from operation of the concession for the whole or a portion of

the term of such lease or concession agreement; provided, however, that

no such refund shall be for a greater proportion of the total rental or

concession fee than the period of such loss of use bears to the period

of such lease or concession agreement.

2. Such refunds shall, upon approval by the commissioner and after

audit by the comptroller, be paid from any moneys in the custody of the

department received as license fees, sales of materials, fees for

services or for rentals, or fees for grants of concessions.

3. Whenever any person, firm, corporation or cooperative association

has filed with the commissioner any surety bond or other security and

fails to perform the conditions for which such surety bond or security

was pledged, the commissioner may, after audit by the comptroller,

distribute any proceeds therefrom in the manner provided by this

chapter.

4. When the conditions under which any security (other than a surety

bond) filed with the commissioner have been fully discharged, the

commissioner may return such security to the person filing the same,

together with any interest or income which may have accrued thereon; and

the commissioner may also, from time to time and after audit by the

comptroller, pay to the depositor any intermediate interest or income

accruing from such security.

5. Nothing contained in this section shall in any way supersede, alter

or amend the provisions of section thirty-one-c of this chapter.