New York § 424 - 424Grounds for denial, suspension or revocation of license; procedure

§ 424. 424Grounds 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shall have authority to reinstate a suspended license or to issue a new license to a licensee whose license shall have been revoked if no fact or condition then exists which would have warranted the secretary in refusing originally to issue such license under this article. 4.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.