N.Y. General Business Law § 410: Administration

§ 410. Administration. 1. Suspension and revocation of licenses or

registrations; fines; reprimands. A license or registration issued

pursuant to this article may be suspended or revoked, or a fine not

exceeding five hundred dollars payable to the department may be imposed

for any one or more of the following causes:

a. Fraud or bribery in securing a license or registration or

permission to take an examination therefor.

b. The making of any false statement as to a material matter in any

application or other statement or certificate required by or pursuant to

this article.

c. Incompetence or untrustworthiness.

d. Failure to display the license or registration as provided in this

article.

e. Violation of any provision of this article, or of any rule or

regulation adopted hereunder.

f. Conviction of any of the following crimes subsequent to the

issuance of a license or registration pursuant to this article: fraud

pursuant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and

190.65; falsifying business records pursuant to section 175.10; grand

larceny pursuant to article 155; bribery pursuant to sections 180.03,

180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,

200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40;

assault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery

pursuant to article 160; homicide pursuant to sections 125.25 and

125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping

and unlawful imprisonment pursuant to sections 135.10, 135.20 and

135.25; unlawful weapons possession pursuant to sections 265.02, 265.03

and 265.04; criminal use of a weapon pursuant to sections 265.08 and

265.09; criminal sale of a weapon pursuant to sections 265.11 and

265.12; compelling prostitution pursuant to section 230.33; sex

trafficking pursuant to section 230.34; sex trafficking of a child

pursuant to section 230.34-a; and sex offenses pursuant to article 130

of the penal law. Provided, however, that for the purposes of this

article, none of the following shall be considered criminal convictions

or reported as such: (i) a conviction for which an executive pardon has

been issued pursuant to the executive law; (ii) a conviction which has

been vacated and replaced by a youthful offender finding pursuant to

article seven hundred twenty of the criminal procedure law, or the

applicable provisions of law of any other jurisdiction; or (iii) a

conviction the records of which have been expunged or sealed pursuant to

the applicable provisions of the laws of this state or of any other

jurisdiction; and (iv) a conviction for which other evidence of

successful rehabilitation to remove the disability has been issued.

Provided, however, a fine shall not be imposed for the causes

specified in paragraph f of this subdivision.

In lieu of or in conjunction with the suspension or revocation of a

license or registration, or the imposition of a fine pursuant to this

section, the secretary may issue a reprimand. When a license or

registration issued pursuant to this article is revoked, such license or

registration shall not be reinstated or reissued until after the

expiration of a period of one year from the date of such revocation. No

license or registration shall be issued after a second revocation.

2. Unlicensed activities. a. The secretary may issue an order

directing the cessation of any activity related to nail specialty,

waxing, natural hair styling, esthetics or cosmetology for which a

license is required by this article upon a determination that a person,

partnership, limited liability company or business corporation, engaging

in the business or occupation of, or holding himself, herself or itself

out as or acted, temporarily or otherwise, as a nail specialist, natural

hair stylist, esthetician or cosmetologist within this state without a

valid license being in effect. The secretary shall, before making such

determination and order, afford such person, partnership, limited

liability company or business corporation an opportunity to be heard in

person or by counsel in reference thereto in an adjudicatory proceeding

held pursuant to section four hundred eleven of this article as

applicable.

b. Notwithstanding any provision to the contrary, if the secretary

finds that a person, partnership, limited liability company or business

corporation, is holding himself, herself or itself out as or is acting

as, temporarily or otherwise, an appearance enhancement business within

this state without a valid license, the secretary shall provide the

person, partnership, limited liability company or business corporation

with a written notice of violation and complaint, and shall afford an

opportunity to be heard, either in person or by counsel, before an

administrative law judge no sooner than three days from delivery of such

notice of violation. If documentary proof that the deficiency has been

cured is not provided to the secretary at or before such hearing,

following a hearing determination that unlicensed activities have

occurred, the secretary may issue an immediate order directing the

cessation of any activity for which an appearance enhancement license is

required.

c. The secretary may issue an order directing the cessation of any

activity if the secretary finds that a person, including a partnership,

a limited liability company or business corporation, is holding himself,

herself or itself out as or is acting as, temporarily or otherwise, an

appearance enhancement business within the state without a (i) bond or

(ii) liability insurance or liability coverage which is covered through

a bond. The secretary shall, before making such determination and order,

afford such person, partnership, limited liability company or business

corporation an opportunity to be heard in person or by counsel in

reference thereto in an adjudicatory proceeding held pursuant to section

four hundred eleven of this article. The enforcement of this provision

shall require the department of financial services to certify in writing

to the secretary that any bonds or liability insurance that is required

by the department is readily available to appearance enhancement

businesses from the market place.

d. The attorney general, acting on behalf of the secretary, may

commence an action or proceeding in a court of competent jurisdiction to

obtain a judgment against such person, partnership, limited liability

company or business corporation in an amount equal to that assessed as a

civil penalty. Said judgment shall thereafter be enforceable by any

means authorized by the civil practice law and rules.

e. Where an appearance enhancement business operator continues to

operate without a license following the issuance of an order by the

secretary directing cessation, the attorney general, acting on behalf of

the secretary, may commence an action or proceeding in a court of

competent jurisdiction against such operator to obtain an order

enjoining further operation of such business. An appearance enhancement

business that has been ordered to cease operation shall not re-open

without first obtaining a license as required by this article and paying

any assessed fines.