§ 89-GGG — Grounds for denial, suspension or revocation of license; procedure

§ 89-ggg. 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, impose a fine not exceeding one thousand\ndollars payable to the department, or, reprimand any licensee or deny an\napplication for a 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 demonstrated incompetence or\nuntrustworthiness in his or her actions;\n d. That the applicant or licensee has been convicted of a serious\noffense or misdemeanor which, in the discretion of the secretary, bears\nsuch a relationship to the provision of armored car services by an\narmored car carrier as to constitute a bar to licensure or renewal; or\n e. That the applicant or licensee has violated any of the provisions\nor article eight-C of this chapter or the rules and regulations\npromulgated thereunder.\n 2. No license shall be revoked or suspended and no fine or reprimand\nshall be imposed except after written notice and hearing as set forth in\nsubdivisions two, three, four, five and six of section seventy-nine of\nthis chapter. The secretary shall revoke a license issued to a person\npursuant to this section upon proof that, on or after the date such\nlicensee applied for such license, the licensee was convicted of one or\nmore serious offenses.\n 3. No license may be suspended or temporarily suspended pursuant to\nthis section based upon the fact that a licensee is charged with one or\nmore serious offenses, or charged with or convicted of a misdemeanor\nwhich, in the discretion of the secretary, bears such a relationship to\nthe performance of the duties of an armored car carrier, as to\nconstitute a bar to licensure unless:\n a. there is a direct relationship between one or more such serious\noffenses and the license to do business or business activities of an\narmored car carrier; or\n b. the possession of a license by such armored car carrier would\ninvolve an unreasonable risk to property or to the safety or welfare of\nspecific individuals or the general public.\n 4. Pending the hearing and adjudication on suspension or revocation of\na license pursuant to the provisions of subdivision three of this\nsection, such license may be temporarily suspended, in accordance with\nthe provisions of subdivision four of section eighty-nine-1 of this\nchapter, provided that such subdivision shall be read in such a manner\nas to apply to armored car carriers or armored car guards as the context\nrequires.\n 5. Every license issued hereunder shall remain in full force and\neffect for a period of three years unless the same shall have been\nsurrendered, revoked or suspended in accordance with the provisions of\nthis article.\n 6. Whenever the secretary shall revoke or suspend a license issued\npursuant to this article, the secretary shall forthwith execute a\nwritten order to that effect. The secretary shall forthwith serve a copy\nof such order upon the licensee. Any such order may be reviewed in the\nmanner provided by article seventy-eight of the civil practice law and\nrules.\n