§ 424 — Grounds for denial, suspension or revocation of license; procedure

§ 424. Grounds for denial, suspension or revocation of license;\nprocedure. 1. The secretary shall have the power to suspend or revoke a\nlicense or, in lieu thereof, to impose a fine not exceeding one thousand\ndollars payable to the department, or reprimand any licensee or deny an\napplication for a license or renewal thereof upon proof:\n a. that the applicant or licensee has violated any of the provisions\nof this article or the rules and regulations promulgated hereunder;\n b. that the applicant or licensee has practiced fraud, deceit or\nmisrepresentation;\n c. that the applicant or licensee has made a material misstatement in\nthe application for or renewal of his or her license; or\n d. that the applicant or licensee has demonstrated incompetence or\nuntrustworthiness in his or her actions.\n 2. No license shall be revoked or suspended except after written\nnotice and a hearing as set forth in subdivisions two, three, four, five\nand six of section seventy-nine of this chapter.\n 3. Every license issued hereunder shall remain in full force and\neffect for a period of two years unless the same shall have been\nsurrendered, revoked or suspended in accordance with the provisions of\nthis article, but the secretary shall have authority to reinstate a\nsuspended license or to issue a new license to a licensee whose license\nshall have been revoked if no fact or condition then exists which would\nhave warranted the secretary in refusing originally to issue such\nlicense under this article.\n 4. Whenever the secretary shall revoke or suspend a license issued\npursuant to this article, the secretary shall forthwith execute in\nduplicate a written order to that effect. The secretary shall file one\ncopy of such order in the office of the department and shall forthwith\nserve the other copy upon the licensee. Any such order may be reviewed\nin the manner provided by article seventy-eight of the civil practice\nlaw and rules.\n