2006 New York Code - Suspension, Revocation Or Refusal To Issue Dealer Registration; Suspension Or Revocation Of Dealer Demonstrator Number Or Trailer Plate; Suspension Of

 
    § 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.