N.Y. General Business Law § 424: Grounds for denial, suspension or revocation of license; procedure

§ 424. Grounds for denial, suspension or revocation of license;

procedure. 1. The secretary shall have the power to suspend or revoke a

license or, in lieu thereof, to impose a fine not exceeding one thousand

dollars payable to the department, or reprimand any licensee or deny an

application for a license or renewal thereof upon proof:

a. that the applicant or licensee has violated any of the provisions

of this article or the rules and regulations promulgated hereunder;

b. that the applicant or licensee has practiced fraud, deceit or

misrepresentation;

c. that the applicant or licensee has made a material misstatement in

the application for or renewal of his or her license; or

d. that the applicant or licensee has demonstrated incompetence or

untrustworthiness in his or her actions.

2. No license shall be revoked or suspended except after written

notice and a hearing as set forth in subdivisions two, three, four, five

and six of section seventy-nine of this chapter.

3. Every license issued hereunder shall remain in full force and

effect for a period of two years unless the same shall have been

surrendered, revoked or suspended in accordance with the provisions of

this article, but the secretary shall have authority to reinstate a

suspended license or to issue a new license to a licensee whose license

shall have been revoked if no fact or condition then exists which would

have warranted the secretary in refusing originally to issue such

license under this article.

4. Whenever the secretary shall revoke or suspend a license issued

pursuant to this article, the secretary shall forthwith execute in

duplicate a written order to that effect. The secretary shall file one

copy of such order in the office of the department and shall forthwith

serve the other copy upon the licensee. Any such order may be reviewed

in the manner provided by article seventy-eight of the civil practice

law and rules.