N.Y. General Business Law § 89-ggg: Grounds for denial, suspension or revocation of license; procedure

§ 89-ggg. 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, impose a fine not exceeding one thousand

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

application for a 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 demonstrated incompetence or

untrustworthiness in his or her actions;

d. That the applicant or licensee has been convicted of a serious

offense or misdemeanor which, in the discretion of the secretary, bears

such a relationship to the provision of armored car services by an

armored car carrier as to constitute a bar to licensure or renewal; or

e. That the applicant or licensee has violated any of the provisions

or article eight-C of this chapter or the rules and regulations

promulgated thereunder.

2. No license shall be revoked or suspended and no fine or reprimand

shall be imposed except after written notice and hearing as set forth in

subdivisions two, three, four, five and six of section seventy-nine of

this chapter. The secretary shall revoke a license issued to a person

pursuant to this section upon proof that, on or after the date such

licensee applied for such license, the licensee was convicted of one or

more serious offenses.

3. No license may be suspended or temporarily suspended pursuant to

this section based upon the fact that a licensee is charged with one or

more serious offenses, or charged with or convicted of a misdemeanor

which, in the discretion of the secretary, bears such a relationship to

the performance of the duties of an armored car carrier, as to

constitute a bar to licensure unless:

a. there is a direct relationship between one or more such serious

offenses and the license to do business or business activities of an

armored car carrier; or

b. the possession of a license by such armored car carrier would

involve an unreasonable risk to property or to the safety or welfare of

specific individuals or the general public.

4. Pending the hearing and adjudication on suspension or revocation of

a license pursuant to the provisions of subdivision three of this

section, such license may be temporarily suspended, in accordance with

the provisions of subdivision four of section eighty-nine-1 of this

chapter, provided that such subdivision shall be read in such a manner

as to apply to armored car carriers or armored car guards as the context

requires.

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

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

surrendered, revoked or suspended in accordance with the provisions of

this article.

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

pursuant to this article, the secretary shall forthwith execute a

written order to that effect. The secretary shall forthwith serve a copy

of such order upon the licensee. Any such order may be reviewed in the

manner provided by article seventy-eight of the civil practice law and

rules.