§ 2257-A — Suspension, revocation or refusal to issue dealer registration; suspension or revocation of dealer demonstrator number or trailer plate; ...

§ 2257-a. Suspension, revocation or refusal to issue dealer\nregistration; suspension or revocation of dealer demonstrator number or\ntrailer plate; suspension of authority to issue temporary registration;\ncivil penalty. 1. Suspension, revocation and refusal to renew a\nregistration, demonstrator number or number plate. The commissioner may\ndeny the application of any person for registration under section\ntwenty-two hundred fifty-seven of this article or suspend or revoke a\ncertificate of registration, demonstrator number or number plate issued\nunder such section or refuse to issue a renewal thereof if he determines\nthat such applicant or registrant or any other person directly or\nindirectly interested in the business:\n (a) has made a material false statement or concealed a material fact\nin connection with his application;\n (b) has used or permitted the use of demonstrator numbers or number\nplates contrary to law;\n (c) has been guilty of fraud or fraudulent or deceptive practices, or\nhas practiced dishonest or misleading advertising;\n (d) does not have a place of business as defined by regulation of the\ncommissioner;\n (e) was the former holder, or was an officer, director, stockholder,\nor partner, in a corporation or partnership which was the former holder\nof a dealer's registration, which was suspended or revoked by the\ncommissioner; or\n (f) has failed to comply with any of the rules and regulations of the\ncommissioner for the enforcement of this article or with any provision\nof this chapter applicable thereto.\n 2. In lieu of suspending or revoking the certificate of registration\nof a dealer, the commissioner may, for any of the grounds specified in\nsubdivision one of this section, suspend the authority of a dealer to\nissue temporary registrations pursuant to section twenty-two hundred\nfifty-five of this article.\n 3. Civil penalty. The commissioner, or any person deputized by him, in\naddition to or in lieu of revoking or suspending the certificate of\nregistration, or in addition to suspending the authority to issue\ntemporary registrations, may in any one proceeding by order require the\nregistrant to pay to the people of this state a penalty in a sum not\nexceeding one thousand dollars for each violation and upon the failure\nof such registrant to pay such penalty within twenty days after the\nmailing of such order, postage prepaid, registered, and addressed to the\nlast known place of business of such registrant, unless such order is\nstayed by an order of a court of competent jurisdiction, the\ncommissioner may suspend the certificate of registration of such\nregistrant until such penalty is paid. Civil penalties assessed under\nthis subdivision shall be paid to the commissioner for deposit into the\nstate treasury, and unpaid civil penalties may be recovered by the\ncommissioner in a civil action in the name of the commissioner. In\naddition, as an alternative to such civil action and provided that no\nproceeding for judicial review shall then be pending and the time for\ninitiation of such proceeding shall have expired, the commissioner may\nfile with the county clerk of the county in which the registrant is\nlocated a final order of the commissioner containing the amount of the\npenalty assessed. The filing of such final order shall have the full\nforce and effect of a judgment duly docketed in the office of such clerk\nand may be enforced in the same manner and with the same effect as that\nprovided by law in respect to executions issued against property upon\njudgment of a court of record.\n 4. No certificate of registration, demonstrator number or number plate\nshall be suspended or revoked, civil penalty imposed or authority to\nissue temporary registrations suspended until such registrant shall have\nbeen given the opportunity to be heard, upon written notice to the\nregistrant, before an officer or employee of the department designated\nfor such purpose by the commissioner. However, the commissioner may\ntemporarily suspend a registration, demonstrator numbers or number\nplates and/or the authority to issue temporary registrations pending a\nhearing.\n Upon the denial of an application for a certificate of registration,\nthe applicant shall, upon written request made within ten days after the\napplicant is notified of such denial, be entitled to a hearing before an\nofficer or employee of the department designated for such purpose by the\ncommissioner.\n 5. Following the suspension or revocation of the certificate of\nregistration of a dealer, demonstrator numbers or number plates, or the\nsuspension of the authority to issue temporary registrations, pursuant\nto this section, the failure of the holder or any other person\npossessing the certificate of registration, demonstrator numbers, number\nplates or temporary registrations, issued to a dealer pursuant to the\nregulations of the commissioner, to deliver the same to the suspending\nor revoking officer is a misdemeanor. Failure of the holder or any\nperson possessing the certificate of registration to deliver the same to\nany peace officer acting pursuant to his special duties, directed by the\ncommissioner to secure possession thereof shall be a misdemeanor.\n