§ 45-a. Refunds.
1.Moneys heretofore or hereafter received by the\ndepartment pursuant to this chapter may, within one year from the\nreceipt thereof, be refunded to the party for whose account same were\nreceived, on proof satisfactory to the commissioner that:\n a. Such moneys were in excess of the amount required by law.\n b. The license for which application was made has been refused by the\ncommissioner.\n c. Such moneys were received as payment for services or materials and\nsuch services have not been rendered or such materials furnished.\n d. Such moneys were received as rental or concession fees and the\napplicant for such concession or lease has, by acts or omissions of the\ndepartment, been deprived of the use of the leased premises or has been\nprevented from operation
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§ 45-a. Refunds. 1. Moneys heretofore or hereafter received by the\ndepartment pursuant to this chapter may, within one year from the\nreceipt thereof, be refunded to the party for whose account same were\nreceived, on proof satisfactory to the commissioner that:\n a. Such moneys were in excess of the amount required by law.\n b. The license for which application was made has been refused by the\ncommissioner.\n c. Such moneys were received as payment for services or materials and\nsuch services have not been rendered or such materials furnished.\n d. Such moneys were received as rental or concession fees and the\napplicant for such concession or lease has, by acts or omissions of the\ndepartment, been deprived of the use of the leased premises or has been\nprevented from operation of the concession for the whole or a portion of\nthe term of such lease or concession agreement; provided, however, that\nno such refund shall be for a greater proportion of the total rental or\nconcession fee than the period of such loss of use bears to the period\nof such lease or concession agreement.\n 2. Such refunds shall, upon approval by the commissioner and after\naudit by the comptroller, be paid from any moneys in the custody of the\ndepartment received as license fees, sales of materials, fees for\nservices or for rentals, or fees for grants of concessions.\n 3. Whenever any person, firm, corporation or cooperative association\nhas filed with the commissioner any surety bond or other security and\nfails to perform the conditions for which such surety bond or security\nwas pledged, the commissioner may, after audit by the comptroller,\ndistribute any proceeds therefrom in the manner provided by this\nchapter.\n 4. When the conditions under which any security (other than a surety\nbond) filed with the commissioner have been fully discharged, the\ncommissioner may return such security to the person filing the same,\ntogether with any interest or income which may have accrued thereon; and\nthe commissioner may also, from time to time and after audit by the\ncomptroller, pay to the depositor any intermediate interest or income\naccruing from such security.\n 5. Nothing contained in this section shall in any way supersede, alter\nor amend the provisions of section thirty-one-c of this chapter.\n