§ 404. License refusal, suspension, or revocation. The commissioner\nmay decline to grant or renew or may suspend or revoke a pet dealer\nlicense, on any one of the following grounds:\n 1. Material misstatement in the license application.\n 2. Material misstatement in or falsification of records required to be\nkept pursuant to this article, or under any regulation promulgated\nthereunder, or failure to allow the commissioner or his or her\nauthorized agents to inspect records or pet dealer facilities.\n 3. Violation of any provision of this article or conviction of a\nviolation of any provision of article twenty-six of this chapter or\nregulations promulgated thereunder pertaining to humane treatment of\nanimals, cruelty to animals, endangering the life or health of an\nanimal, or vi
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§ 404. License refusal, suspension, or revocation. The commissioner\nmay decline to grant or renew or may suspend or revoke a pet dealer\nlicense, on any one of the following grounds:\n 1. Material misstatement in the license application.\n 2. Material misstatement in or falsification of records required to be\nkept pursuant to this article, or under any regulation promulgated\nthereunder, or failure to allow the commissioner or his or her\nauthorized agents to inspect records or pet dealer facilities.\n 3. Violation of any provision of this article or conviction of a\nviolation of any provision of article twenty-six of this chapter or\nregulations promulgated thereunder pertaining to humane treatment of\nanimals, cruelty to animals, endangering the life or health of an\nanimal, or violation of any federal, state, or local law pertaining to\nthe care, treatment, sale, possession, or handling of animals or any\nregulation or rule promulgated pursuant thereto relating to the\nendangerment of the life or health of an animal.\n 4. Before any license shall be suspended or revoked, the commissioner,\nor any hearing officer he or she may designate, shall hold a hearing,\nupon due notice to the licensee, in accordance with any regulations\npromulgated by the department and in accordance with articles three and\nfour of the state administrative procedure act. Where a licensee has\nthree consecutive inspections in which the licensee has failed to\ncorrect deficiencies of a critical nature, pursuant to this section, the\ncommissioner shall hold a hearing to consider the suspension or\nrevocation of the pet dealer license. Nothing in this section shall\nprohibit the commissioner from taking additional actions as otherwise\npermitted by this section regarding such licenses prior to the\noccurrence of three consecutive inspections in which the licensee has\nfailed to correct deficiencies of a critical nature.\n 5. Any action of the commissioner shall be subject to judicial review\nin a proceeding under article seventy-eight of the civil practice law\nand rules.\n