2006 New York Code - Administration.

 
    §  410.  Administration.  1.  Suspension  and  revocation of licenses;
  fines; reprimands. A license issued pursuant  to  this  article  may  be
  suspended  or  revoked,  or  a  fine  not exceeding five hundred dollars
  payable to the department may be imposed for any  one  or  more  of  the
  following causes:
    a.  Fraud  or  bribery  in securing a license or permission to take an
  examination therefor.
    b. The making of any false statement as to a material  matter  in  any
  application or other statement or certificate required by or pursuant to
  this article.
    c. Incompetence or untrustworthiness.
    d. Failure to display the license as provided in this article.
    e.  Violation  of  any  provision  of  this article, or of any rule or
  regulation adopted hereunder.
    f. Conviction of  any  of  the  following  crimes  subsequent  to  the
  issuance  of  a  license  pursuant  to this article:   fraud pursuant to
  sections 170.10, 170.15, 176.15,  176.20,  176.25,  176.30  and  190.65;
  falsifying  business  records  pursuant to section 175.10; grand larceny
  pursuant to article 155; bribery pursuant to  sections  180.03,  180.08,
  180.15,  180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.45,
  200.50; perjury pursuant to sections  210.10,  210.15,  210.40;  assault
  pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery pursuant to
  article   160;   homicide   pursuant  to  sections  125.25  and  125.27;
  manslaughter pursuant to sections  125.15  and  125.20;  kidnapping  and
  unlawful  imprisonment  pursuant  to sections 135.10, 135.20 and 135.25;
  unlawful weapons possession pursuant  to  sections  265.02,  265.03  and
  265.04; criminal use of a weapon pursuant to sections 265.08 and 265.09;
  criminal  sale  of  a weapon pursuant to sections 265.11 and 265.12; and
  sex offenses pursuant  to  article  130  of  the  penal  law.  Provided,
  however,  that  for  the purposes of this article, none of the following
  shall be considered criminal convictions or  reported  as  such:  (i)  a
  conviction for which an executive pardon has been issued pursuant to the
  executive  law; (ii) a conviction which has been vacated and replaced by
  a youthful offender finding pursuant to article seven hundred twenty  of
  the  criminal  procedure law, or the applicable provisions of law of any
  other jurisdiction; or (iii) a conviction the records of which have been
  expunged or sealed pursuant to the applicable provisions of the laws  of
  this state or of any other jurisdiction; and (iv) a conviction for which
  other evidence of successful rehabilitation to remove the disability has
  been issued.
    Provided,  however,  a  fine  shall  not  be  imposed  for  the causes
  specified in paragraph f of this subdivision.
    In lieu of or in conjunction with the suspension or  revocation  of  a
  license,  or  the  imposition  of  a  fine pursuant to this section, the
  secretary may issue a reprimand. When a license issued pursuant to  this
  article  is  revoked,  such  license shall not be reinstated or reissued
  until after the expiration of a period of one year from the date of such
  revocation. No license shall be issued after a second revocation.
    2.  Unlicensed  activities.  a.  The  secretary  may  issue  an  order
  directing  the cessation of any activity for which a license is required
  by this  article  upon  a  determination  that  a  person,  including  a
  partnership,  a limited liability company or corporation, has engaged in
  or followed the business or occupation of, or held himself or itself out
  as or acted, temporarily or otherwise, as  a  nail  specialist,  natural
  hair  stylist,  esthetician,  cosmetologist  or  appearance  enhancement
  business within this state without a valid license being in effect.  The
  department  shall,  before  making  such determination and order, afford
  such person, partnership, limited liability company  or  corporation  an
  opportunity  to be heard in person or by counsel in reference thereto in
  an adjudicatory proceeding held pursuant to this article.
    b.  The  attorney  general,  acting  on  behalf  of the secretary, may
  commence an action or proceeding in a court of competent jurisdiction to
  obtain a judgment against such person,  partnership,  limited  liability
  company  or  corporation  in an amount equal to that assessed as a civil
  penalty. Said judgment shall thereafter  be  enforceable  by  any  means
  authorized by the civil practice law and rules.