2006 New York Code - Mandatory Suspension Or Revocation Of License.



 
    §  20-504.1  Mandatory  suspension or revocation of license. After due
  notice and opportunity to be heard, the  commissioner  shall  refuse  to
  renew,  or  shall  suspend  or  revoke  a  license  required  under this
  subchapter, upon the occurrence of any one  or  more  of  the  following
  conditions:
    a.  the  person  holding  a  license  to  engage  in  towing  or where
  applicable, any of  such  licensee's  officers,  principals,  directors,
  employees,   or  stockholders  owning  more  than  ten  percent  of  the
  outstanding stock of the corporation has been found by the  commissioner
  to  have  willfully and unjustifiably refused to release a vehicle towed
  pursuant to section 20-518 or section 20-519 of this subchapter, to  the
  vehicle's  owner  or the owner's agent. The commissioner shall establish
  standards concerning the  sufficiency  of  proof  of  ownership  of  the
  vehicle  and  the  legality  of any charges demanded by the licensee for
  release of the vehicle. In determining whether such refusal  is  willful
  and  unjustifiable,  the  commissioner in addition to any other relevant
  fact shall consider such standards;
    b. the  person  holding  a  license  to  engage  in  towing  or  where
  applicable,  any  of  such  licensee's  officers, principals, directors,
  employees,  or  stockholders  owning  more  than  ten  percent  of   the
  outstanding stock of the corporation has been convicted of a misdemeanor
  or a felony related to auto stripping in violation of article 165 of the
  penal law;
    c.  the  person  holding  a  license  to  engage  in  towing  or where
  applicable, any of  such  licensee's  officers,  principals,  directors,
  employees,   or  stockholders  owning  more  than  ten  percent  of  the
  outstanding stock of the corporation has been found by the  commissioner
  to  have  committed  in  any combination three or more violations of the
  provisions of section 20-515  or  paragraph  two  of  subdivision  b  of
  section  20-518  of  this subchapter or any rules promulgated thereunder
  within a two year period;
    d. the person holding a tow truck operator's license has been found by
  the commissioner to have  committed  in  any  combination  two  or  more
  violations  of  the  provisions  of  section  20-515 or paragraph two of
  subdivision b  of  section  20-518  of  this  subchapter  or  any  rules
  promulgated thereunder within a two year period.
    e. the person holding a tow truck operator's license has been found to
  have  operated  any motor vehicle in violation of section eleven hundred
  ninety-two of the vehicle and traffic law during the  license  term,  or
  has  been  found  to  have  operated a tow truck in violation of section
  eleven hundred eighty-two of the vehicle and traffic law.

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