N.Y. Vehicle & Traffic Law § 2257-a: Suspension, revocation or refusal to issue dealer registration; suspension or revocation of dealer demonstrator number or trailer plate; ...

§ 2257-a. Suspension, revocation or refusal to issue dealer

registration; suspension or revocation of dealer demonstrator number or

trailer plate; suspension of authority to issue temporary registration;

civil penalty. 1. Suspension, revocation and refusal to renew a

registration, demonstrator number or number plate. The commissioner may

deny the application of any person for registration under section

twenty-two hundred fifty-seven of this article or suspend or revoke a

certificate of registration, demonstrator number or number plate issued

under such section or refuse to issue a renewal thereof if he determines

that such applicant or registrant or any other person directly or

indirectly interested in the business:

(a) has made a material false statement or concealed a material fact

in connection with his application;

(b) has used or permitted the use of demonstrator numbers or number

plates contrary to law;

(c) has been guilty of fraud or fraudulent or deceptive practices, or

has practiced dishonest or misleading advertising;

(d) does not have a place of business as defined by regulation of the

commissioner;

(e) was the former holder, or was an officer, director, stockholder,

or partner, in a corporation or partnership which was the former holder

of a dealer's registration, which was suspended or revoked by the

commissioner; or

(f) has failed to comply with any of the rules and regulations of the

commissioner for the enforcement of this article or with any provision

of this chapter applicable thereto.

2. In lieu of suspending or revoking the certificate of registration

of a dealer, the commissioner may, for any of the grounds specified in

subdivision one of this section, suspend the authority of a dealer to

issue temporary registrations pursuant to section twenty-two hundred

fifty-five of this article.

3. Civil penalty. The commissioner, or any person deputized by him, in

addition to or in lieu of revoking or suspending the certificate of

registration, or in addition to suspending the authority to issue

temporary registrations, may in any one proceeding by order require the

registrant to pay to the people of this state a penalty in a sum not

exceeding one thousand dollars for each violation and upon the failure

of such registrant to pay such penalty within twenty days after the

mailing of such order, postage prepaid, registered, and addressed to the

last known place of business of such registrant, unless such order is

stayed by an order of a court of competent jurisdiction, the

commissioner may suspend the certificate of registration of such

registrant until such penalty is paid. Civil penalties assessed under

this subdivision shall be paid to the commissioner for deposit into the

state treasury, and unpaid civil penalties may be recovered by the

commissioner in a civil action in the name of the commissioner. In

addition, as an alternative to such civil action and provided that no

proceeding for judicial review shall then be pending and the time for

initiation of such proceeding shall have expired, the commissioner may

file with the county clerk of the county in which the registrant is

located a final order of the commissioner containing the amount of the

penalty assessed. The filing of such final order shall have the full

force and effect of a judgment duly docketed in the office of such clerk

and may be enforced in the same manner and with the same effect as that

provided by law in respect to executions issued against property upon

judgment of a court of record.

4. No certificate of registration, demonstrator number or number plate

shall be suspended or revoked, civil penalty imposed or authority to

issue temporary registrations suspended until such registrant shall have

been given the opportunity to be heard, upon written notice to the

registrant, before an officer or employee of the department designated

for such purpose by the commissioner. However, the commissioner may

temporarily suspend a registration, demonstrator numbers or number

plates and/or the authority to issue temporary registrations pending a

hearing.

Upon the denial of an application for a certificate of registration,

the applicant shall, upon written request made within ten days after the

applicant is notified of such denial, be entitled to a hearing before an

officer or employee of the department designated for such purpose by the

commissioner.

5. Following the suspension or revocation of the certificate of

registration of a dealer, demonstrator numbers or number plates, or the

suspension of the authority to issue temporary registrations, pursuant

to this section, the failure of the holder or any other person

possessing the certificate of registration, demonstrator numbers, number

plates or temporary registrations, issued to a dealer pursuant to the

regulations of the commissioner, to deliver the same to the suspending

or revoking officer is a misdemeanor. Failure of the holder or any

person possessing the certificate of registration to deliver the same to

any peace officer acting pursuant to his special duties, directed by the

commissioner to secure possession thereof shall be a misdemeanor.