2006 New York Code - Grounds For Denial, Suspension Or Revocation Of License; Procedure.

 
    §  89-ggg.  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, impose a fine not exceeding one thousand
  dollars payable to the department, or, reprimand any licensee or deny an
  application for a 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  demonstrated  incompetence  or
  untrustworthiness in his or her actions;
    d.  That  the  applicant  or  licensee has been convicted of a serious
  offense or misdemeanor which, in the discretion of the secretary,  bears
  such  a  relationship  to  the  provision  of armored car services by an
  armored car carrier as to constitute a bar to licensure or renewal; or
    e. That the applicant or licensee has violated any of  the  provisions
  or  article  eight-C  of  this  chapter  or  the  rules  and regulations
  promulgated thereunder.
    2. No license shall be revoked or suspended and no fine  or  reprimand
  shall be imposed except after written notice and hearing as set forth in
  subdivisions  two,  three, four, five and six of section seventy-nine of
  this chapter.  The secretary shall revoke a license issued to  a  person
  pursuant  to  this  section  upon  proof that, on or after the date such
  licensee applied for such license, the licensee was convicted of one  or
  more serious offenses.
    3.  No  license  may be suspended or temporarily suspended pursuant to
  this section based upon the fact that a licensee is charged with one  or
  more  serious  offenses,  or  charged with or convicted of a misdemeanor
  which, in the discretion of the secretary, bears such a relationship  to
  the  performance  of  the  duties  of  an  armored  car  carrier,  as to
  constitute a bar to licensure unless:
    a. there is a direct relationship between one  or  more  such  serious
  offenses  and  the  license  to do business or business activities of an
  armored car carrier; or
    b. the possession of a license  by  such  armored  car  carrier  would
  involve  an unreasonable risk to property or to the safety or welfare of
  specific individuals or the general public.
    4. Pending the hearing and adjudication on suspension or revocation of
  a license pursuant to  the  provisions  of  subdivision  three  of  this
  section,  such  license may be temporarily suspended, in accordance with
  the provisions of subdivision four  of  section  eighty-nine-1  of  this
  chapter,  provided  that such subdivision shall be read in such a manner
  as to apply to armored car carriers or armored car guards as the context
  requires.
    5. Every license issued hereunder  shall  remain  in  full  force  and
  effect  for  a  period  of  three  years unless the same shall have been
  surrendered, revoked or suspended in accordance with the  provisions  of
  this article.
    6.  Whenever  the  secretary  shall revoke or suspend a license issued
  pursuant to this  article,  the  secretary  shall  forthwith  execute  a
  written order to that effect. The secretary shall forthwith serve a copy
  of  such  order upon the licensee. Any such order may be reviewed in the
  manner provided by article seventy-eight of the civil practice  law  and
  rules.