§ 410 — Administration

§ 410. Administration. 1. Suspension and revocation of licenses or\nregistrations; fines; reprimands. A license or registration issued\npursuant to this article may be suspended or revoked, or a fine not\nexceeding five hundred dollars payable to the department may be imposed\nfor any one or more of the following causes:\n a. Fraud or bribery in securing a license or registration or\npermission to take an examination therefor.\n b. The making of any false statement as to a material matter in any\napplication or other statement or certificate required by or pursuant to\nthis article.\n c. Incompetence or untrustworthiness.\n d. Failure to display the license or registration as provided in this\narticle.\n e. Violation of any provision of this article, or of any rule or\nregulation adopted hereunder.\n f. Conviction of any of the following crimes subsequent to the\nissuance of a license or registration pursuant to this article: fraud\npursuant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and\n190.65; falsifying business records pursuant to section 175.10; grand\nlarceny pursuant to article 155; bribery pursuant to sections 180.03,\n180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,\n200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40;\nassault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery\npursuant to article 160; homicide pursuant to sections 125.25 and\n125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping\nand unlawful imprisonment pursuant to sections 135.10, 135.20 and\n135.25; unlawful weapons possession pursuant to sections 265.02, 265.03\nand 265.04; criminal use of a weapon pursuant to sections 265.08 and\n265.09; criminal sale of a weapon pursuant to sections 265.11 and\n265.12; compelling prostitution pursuant to section 230.33; sex\ntrafficking pursuant to section 230.34; sex trafficking of a child\npursuant to section 230.34-a; and sex offenses pursuant to article 130\nof the penal law. Provided, however, that for the purposes of this\narticle, none of the following shall be considered criminal convictions\nor reported as such: (i) a conviction for which an executive pardon has\nbeen issued pursuant to the executive law; (ii) a conviction which has\nbeen vacated and replaced by a youthful offender finding pursuant to\narticle seven hundred twenty of the criminal procedure law, or the\napplicable provisions of law of any other jurisdiction; or (iii) a\nconviction the records of which have been expunged or sealed pursuant to\nthe applicable provisions of the laws of this state or of any other\njurisdiction; and (iv) a conviction for which other evidence of\nsuccessful rehabilitation to remove the disability has been issued.\n Provided, however, a fine shall not be imposed for the causes\nspecified in paragraph f of this subdivision.\n In lieu of or in conjunction with the suspension or revocation of a\nlicense or registration, or the imposition of a fine pursuant to this\nsection, the secretary may issue a reprimand. When a license or\nregistration issued pursuant to this article is revoked, such license or\nregistration shall not be reinstated or reissued until after the\nexpiration of a period of one year from the date of such revocation. No\nlicense or registration shall be issued after a second revocation.\n 2. Unlicensed activities. a. The secretary may issue an order\ndirecting the cessation of any activity related to nail specialty,\nwaxing, natural hair styling, esthetics or cosmetology for which a\nlicense is required by this article upon a determination that a person,\npartnership, limited liability company or business corporation, engaging\nin the business or occupation of, or holding himself, herself or itself\nout as or acted, temporarily or otherwise, as a nail specialist, natural\nhair stylist, esthetician or cosmetologist within this state without a\nvalid license being in effect. The secretary shall, before making such\ndetermination and order, afford such person, partnership, limited\nliability company or business corporation an opportunity to be heard in\nperson or by counsel in reference thereto in an adjudicatory proceeding\nheld pursuant to section four hundred eleven of this article as\napplicable.\n b. Notwithstanding any provision to the contrary, if the secretary\nfinds that a person, partnership, limited liability company or business\ncorporation, is holding himself, herself or itself out as or is acting\nas, temporarily or otherwise, an appearance enhancement business within\nthis state without a valid license, the secretary shall provide the\nperson, partnership, limited liability company or business corporation\nwith a written notice of violation and complaint, and shall afford an\nopportunity to be heard, either in person or by counsel, before an\nadministrative law judge no sooner than three days from delivery of such\nnotice of violation. If documentary proof that the deficiency has been\ncured is not provided to the secretary at or before such hearing,\nfollowing a hearing determination that unlicensed activities have\noccurred, the secretary may issue an immediate order directing the\ncessation of any activity for which an appearance enhancement license is\nrequired.\n c. The secretary may issue an order directing the cessation of any\nactivity if the secretary finds that a person, including a partnership,\na limited liability company or business corporation, is holding himself,\nherself or itself out as or is acting as, temporarily or otherwise, an\nappearance enhancement business within the state without a (i) bond or\n(ii) liability insurance or liability coverage which is covered through\na bond. The secretary shall, before making such determination and order,\nafford such person, partnership, limited liability company or business\ncorporation an opportunity to be heard in person or by counsel in\nreference thereto in an adjudicatory proceeding held pursuant to section\nfour hundred eleven of this article. The enforcement of this provision\nshall require the department of financial services to certify in writing\nto the secretary that any bonds or liability insurance that is required\nby the department is readily available to appearance enhancement\nbusinesses from the market place.\n d. The attorney general, acting on behalf of the secretary, may\ncommence an action or proceeding in a court of competent jurisdiction to\nobtain a judgment against such person, partnership, limited liability\ncompany or business corporation in an amount equal to that assessed as a\ncivil penalty. Said judgment shall thereafter be enforceable by any\nmeans authorized by the civil practice law and rules.\n e. Where an appearance enhancement business operator continues to\noperate without a license following the issuance of an order by the\nsecretary directing cessation, the attorney general, acting on behalf of\nthe secretary, may commence an action or proceeding in a court of\ncompetent jurisdiction against such operator to obtain an order\nenjoining further operation of such business. An appearance enhancement\nbusiness that has been ordered to cease operation shall not re-open\nwithout first obtaining a license as required by this article and paying\nany assessed fines.\n