§ 163-C — Revocation of certificates

New York § 163-C

• Jurisdiction: New York
• Law AGM: Agriculture & Markets
• Art. 14: Prevention and Control of Disease In Trees and Plants; Insect Pests; Sale of Fruit-bearing Trees

Text

§ 163-c. Revocation of certificates. 1. The commissioner shall at any\ntime have the power to withhold, suspend or revoke any license or\ncertificate for sufficient cause, including the dissemination of false\nor misleading advertising, or the engaging in fraudulent or deceptive\nbusiness practices, all of which are hereby declared to be unlawful, or\nany violation of this chapter or non-conformity with any rules or\nregulation promulgated thereunder. Before withholding, suspending or\nrevoking any license or certificate, the commissioner shall give written\nnotice to the applicant for or holder of such license or certificate,\nstating that he contemplates the withholding, suspending or revocation,\nof same and giving his reasons therefor. Said notice shall appoint a\ntime of hearing before said commissioner and shall be mailed by\nregistered mail or certified mail to the party holding the license or\ncertificate. On the day of hearing, the respondent may present such\nevidence to the commissioner as he deems fit, and after hearing all the\ntestimony, the commissioner shall decide the question in such manner as\nto him appears just and proper. The respondent, if he feels aggrieved at\nthe decision of the commissioner, may appeal to the commissioner for a\nreview of said decision within ten days, and in case of his failure to\nrequest such review the decision shall become final unless within thirty\ndays after its issuance the respondent shall institute a special\nproceeding for the review thereof, as provided in article seventy-eight\nof the civil practice law and rules.\n 2. The word "fraudulent" as used herein shall include any device,\nscheme or artifice to defraud and any deception, misrepresentation,\nconcealment, suppression, false premise, false promise or unconscionable\ncontractual provision.\n