A. 4917 2
(B) A COOPERATIVE HOUSING CORPORATION AS DEFINED IN SECTION TWO
HUNDRED TEN OF THE TAX LAW; OR
(C) A HOMEOWNERS ASSOCIATION AS DEFINED IN SECTION TWO HUNDRED TEN OF
THE TAX LAW.
(D) THE TERM "COMMON INTEREST COMMUNITY" DOES NOT MEAN A TIME-SHARE
PROJECT.
4. THE TERM "COMMON INTEREST COMMUNITY ASSOCIATION" MEANS AN ASSOCI-
ATION IN WHICH MEMBERSHIP IS A CONDITION OF OWNERSHIP OR SHAREHOLDER
INTEREST IN A RESIDENTIAL UNIT THAT IS PART OF A COMMON INTEREST COMMU-
NITY.
5. THE TERM "COMMON INTEREST COMMUNITY ASSOCIATION MANAGER" MEANS AN
INDIVIDUAL WHO FOR CONSIDERATION PROVIDES MANAGEMENT SERVICES TO A
COMMON INTEREST COMMUNITY.
6. THE TERM "LICENSE" MEANS, UNLESS THE CONTEXT REQUIRES OTHERWISE, A
LICENSE ISSUED BY THE BOARD TO ACT AS A COMMON INTEREST COMMUNITY ASSO-
CIATION MANAGER.
7. THE TERM "LICENSED COMMON INTEREST COMMUNITY ASSOCIATION MANAGER"
MEANS AN INDIVIDUAL LICENSED BY THE BOARD TO PROVIDE MANAGEMENT SERVICES
TO A COMMON INTEREST COMMUNITY ASSOCIATION.
8. THE TERM "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF EDUCATION.
9. THE TERM "PROVIDE MANAGEMENT SERVICES" MEANS:
(A) TO ACT WITH THE AUTHORITY OF AN ASSOCIATION IN ITS BUSINESS,
LEGAL, FINANCIAL, OR OTHER TRANSACTIONS WITH ASSOCIATION MEMBERS AND
NONMEMBERS;
(B) TO EXECUTE THE RESOLUTIONS AND DECISIONS OF AN ASSOCIATION OR,
WITH THE AUTHORITY OF THE ASSOCIATION, TO ENFORCE THE RIGHTS OF THE
ASSOCIATION SECURED BY STATUTE, CONTRACT, COVENANT, RULE, OR BY LAW;
(C) TO NEGOTIATE CONTRACTS OR OTHERWISE COORDINATE OR ARRANGE FOR
SERVICES OR THE PURCHASE OF PROPERTY AND GOODS FOR OR ON BEHALF OF AN
ASSOCIATION;
(D) TO COLLECT, DISBURSE, OR OTHERWISE EXERCISE DOMINION OR CONTROL
OVER MONEY OR OTHER PROPERTY BELONGING TO AN ASSOCIATION;
(E) TO PREPARE BUDGETS, FINANCIAL STATEMENTS, OR OTHER FINANCIAL
REPORTS FOR AN ASSOCIATION;
(F) TO ARRANGE, CONDUCT, OR COORDINATE MEETINGS OF AN ASSOCIATION OR
THE GOVERNING BODY OF AN ASSOCIATION; OR
(G) TO OFFER OR SOLICIT TO PERFORM ANY OF THE ACTS OR SERVICES LISTED
IN PARAGRAPHS (A) THROUGH (F) OF THIS SUBDIVISION ON BEHALF OF AN ASSO-
CIATION.
S 448-A. LICENSE REQUIRED FOR COMMON INTEREST COMMUNITY ASSOCIATION
MANAGEMENT. NO PERSON SHALL ACT AS A COMMON INTEREST COMMUNITY ASSOCI-
ATION MANAGER IN THIS STATE OR USE THE TITLE "COMMON INTEREST COMMUNITY
ASSOCIATION MANAGER" UNLESS SUCH PERSON HAS THE AUTHORITY TO DO SO BY
VIRTUE OF A LICENSE ISSUED AND IN FORCE PURSUANT TO THE PROVISIONS OF
THIS ARTICLE OR SUCH PERSON IS EXEMPT FROM THE LICENSURE REQUIREMENTS
PROVIDED IN THIS ARTICLE.
S 448-B. EXEMPTIONS FROM LICENSURE. THIS TITLE DOES NOT REQUIRE AN
INDIVIDUAL TO HOLD A LICENSE IF THEY ARE:
1. A PERSON WHO IS THE REGULAR, SALARIED EMPLOYEE OF A LICENSED COMMON
INTEREST COMMUNITY ASSOCIATION MANAGER OR ENTITY LAWFULLY ENGAGED IN
COMMON INTEREST COMMUNITY ASSOCIATION MANAGEMENT ENGAGED IN THE PERFORM-
ANCE OF ADMINISTRATIVE, INTERNAL, PROCESS-ORIENTED BOOKKEEPING FUNCTIONS
OR MINISTERIAL FUNCTIONS IN SUPPORT OF THE MANAGEMENT ENTITY;
2. ADMINISTRATIVE SUPPORT STAFF OR AN ASSISTANT OF A LICENSED COMMON
INTEREST COMMUNITY ASSOCIATION MANAGER WHO, IN SUPPORT OF A LICENSED
MANAGER, MAY INCIDENTALLY ENGAGE IN THE ACTIVITIES OUTLINED IN PARA-
A. 4917 3
GRAPHS (A), (B), (C), AND (D) OF SUBDIVISION NINE OF SECTION FOUR
HUNDRED FORTY-EIGHT OF THIS ARTICLE, PROVIDED SUCH EMPLOYEE IS DIRECTLY
SUPERVISED BY A LICENSED COMMON INTEREST COMMUNITY ASSOCIATION MANAGER;
3. A RESIDENT OF A COMMON INTEREST COMMUNITY ASSOCIATION WHO ACTS
WITHOUT COMPENSATION FROM PROVIDING MANAGEMENT SERVICES FOR SUCH COMMON
INTEREST COMMUNITY ASSOCIATION;
4. A MEMBER OF THE GOVERNING BOARD OF AN ASSOCIATION WHO ACTS WITHOUT
COMPENSATION FROM PROVIDING MANAGEMENT SERVICES FOR SUCH ASSOCIATION'S
COMMON INTEREST COMMUNITY;
5. AN ATTORNEY AT LAW FROM REPRESENTING AN ASSOCIATION OR A COMMON
INTEREST COMMUNITY MANAGER IN ANY BUSINESS THAT CONSTITUTES THE PRACTICE
OF LAW;
6. A CERTIFIED PUBLIC ACCOUNTANT FROM PROVIDING BOOKKEEPING OR
ACCOUNTING SERVICES TO AN ASSOCIATION OR A COMMON INTEREST COMMUNITY
MANAGER;
7. A REAL ESTATE BROKER OR SALESPERSON FROM SELLING, LEASING, RENTING,
OR MANAGING INDIVIDUAL LOTS OR UNITS WITHIN A COMMON INTEREST COMMUNITY
ASSOCIATION;
8. A PERSON WHO ACTS AS A RECEIVER OR TRUSTEE IN BANKRUPTCY IN THE
PERFORMANCE OF DUTIES OR A PERSON WHO ACTS UNDER A COURT ORDER FROM
PROVIDING MANAGEMENT SERVICES FOR A COMMON INTEREST COMMUNITY ASSOCI-
ATION;
9. A DECLARANT FROM PROVIDING MANAGEMENT SERVICES FOR A COMMON INTER-
EST COMMUNITY ASSOCIATION; OR
10. AN ASSOCIATION, EXCHANGE AGENT, EXCHANGE COMPANY, MANAGING AGENT,
OR MANAGING ENTITY OF A TIME-SHARE PROJECT FROM PROVIDING MANAGEMENT
SERVICES FOR A TIME-SHARE PROJECT.
S 448-C. STATE BOARD OF COMMON INTEREST COMMUNITY MANAGERS. 1. THE NEW
YORK STATE BOARD OF REGENTS SHALL ESTABLISH A STATE BOARD OF COMMON
INTEREST COMMUNITY MANAGERS.
2. THE BOARD SHALL CONSIST OF ELEVEN MEMBERS. SUCH MEMBERS SHALL
INCLUDE THE FOLLOWING:
(A) FOUR SHALL BE LICENSED COMMON INTEREST COMMUNITY MANAGERS;
(B) ONE SHALL BE A NEW YORK LICENSED ATTORNEY WHOSE PRACTICE INCLUDES
THE REPRESENTATION OF ASSOCIATIONS;
(C) ONE SHALL BE A CERTIFIED PUBLIC ACCOUNTANT WHOSE PRACTICE INCLUDES
PROVIDING SERVICES TO ASSOCIATIONS; AND
(D) ONE SHALL BE A MEMBER OF THE GOVERNING BOARD OF AN ASSOCIATION.
3. THE BOARD OF REGENTS, UPON RECOMMENDATION OF THE COMMISSIONER OF
EDUCATION, SHALL APPOINT THE MEMBERS OF THE BOARD.
4. EACH MEMBER OF THE BOARD SHALL BE:
(A) A CITIZEN OF THE UNITED STATES; AND
(B) A RESIDENT OF THE STATE.
5. THE TERM FOR EACH MEMBER SHALL BE FOUR YEARS AND SHALL BEGIN ON
JULY FIRST.
6. AT THE END OF A TERM, A MEMBER SHALL CONTINUE TO SERVE UNTIL A
SUCCESSOR IS APPOINTED AND QUALIFIES FOR SUCH POSITION.
7. A MEMBER WHO IS APPOINTED AFTER A TERM HAS BEGUN SHALL SERVE ONLY
FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED AND QUALI-
FIES FOR SUCH POSITION.
8. A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
9. FROM AMONG ITS MEMBERS, THE BOARD SHALL ELECT A CHAIR AND VICE
CHAIR.
10. THE TERM OF THE CHAIR AND VICE CHAIR SHALL BE ONE YEAR.
11. A MAJORITY OF THE MEMBERS THEN SERVING ON THE BOARD IS A QUORUM.
12. THE BOARD SHALL DETERMINE THE TIMES AND PLACES OF ITS MEETINGS.
A. 4917 4
13. EACH MEMBER OF THE BOARD SHALL BE ENTITLED TO:
(A) COMPENSATION IN ACCORDANCE WITH THE STATE BUDGET;
(B) REIMBURSEMENT FOR EXPENSES UNDER THE STATE STANDARD; AND
(C) THE BOARD MAY EMPLOY STAFF IN ACCORDANCE WITH THE STATE BUDGET.
S 448-D. POWERS OF THE BOARD. 1. IN ADDITION TO ANY POWERS SET FORTH
ELSEWHERE, THE BOARD MAY ADOPT:
(A) BYLAWS AS NECESSARY TO DO THE BUSINESS OF THE BOARD; AND
(B) REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
2. IN ADDITION TO ANY DUTIES SET FORTH ELSEWHERE, THE BOARD SHALL:
(A) ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ARTICLE;
(B) ADOPT REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
ARTICLE;
(C) ADOPT REGULATIONS TO ESTABLISH QUALIFICATIONS FOR THE ISSUANCE AND
RENEWAL OF LICENSES UNDER THIS ARTICLE;
(D) ADOPT REGULATIONS TO ESTABLISH STANDARDS OF CONDUCT FOR COMMON
INTEREST COMMUNITY MANAGERS;
(E) ESTABLISH BY REGULATION GROUNDS FOR DENYING A LICENSE TO AN APPLI-
CANT, REPRIMANDING A LICENSEE, SUSPENDING OR REVOKING A LICENSE, OR
IMPOSING A PENALTY OR FINE AGAINST A LICENSEE;
(F) KEEP A RECORD OF ITS PROCEEDINGS;
(G) ESTABLISH REQUIREMENTS FOR APPROPRIATE TRAINING AND EDUCATIONAL
CREDENTIALS OF COMMON INTEREST COMMUNITY MANAGERS, INCLUDING EXPERIENCE
AND PROFESSIONAL DESIGNATION REQUIREMENTS AND PROGRAMS OFFERED BY COMMU-
NITY COLLEGES;
(H) ESTABLISH REQUIREMENTS FOR INDIVIDUALS TO WORK UNDER THE SUPER-
VISION OF A LICENSEE TO GAIN EXPERIENCE IN PROVIDING MANAGEMENT
SERVICES;
(I) ESTABLISH REQUIREMENTS FOR FIDELITY BONDING OR INSURANCE TO BE
REQUIRED BY LICENSEES UNDER THIS ARTICLE;
(J) ADOPT REGULATIONS TO GRANT RECIPROCITY TO PROFESSIONAL MANAGERS
LICENSED OR CERTIFIED IN OTHER JURISDICTIONS; AND
(K) WITH THE APPROVAL OF THE ATTORNEY GENERAL, MAY SUE IN THE NAME OF
THE STATE TO ENJOIN ANY ACT THAT IS PROHIBITED UNDER THIS ARTICLE.
3. THE BOARD MAY SET BY REGULATION REASONABLE FEES FOR ITS SERVICES.
(A) THE FEES CHARGED SHALL BE:
(1) SET TO PRODUCE FUNDS TO APPROXIMATE THE COST OF MAINTAINING THE
BOARD; AND
(2) BASED ON THE CALCULATIONS PERFORMED BY THE COMMISSIONER UNDER THIS
ARTICLE.
(B) THE BOARD SHALL PUBLISH THE FEE SCHEDULE SET BY THE BOARD.
4. THE BOARD SHALL PAY ALL FEES COLLECTED UNDER THIS TITLE TO THE
COMPTROLLER.
5. THE BOARD EXERCISES ITS POWERS, DUTIES, AND FUNCTIONS SUBJECT TO
THE AUTHORITY OF THE COMMISSIONER.
S 448-E. OFFICIAL REGISTRY OF COMMON INTEREST COMMUNITY MANAGERS TO BE
KEPT BY THE COMMISSIONER. IT SHALL BE THE DUTY OF THE COMMISSIONER TO
ENTER INTO A BOUND BOOK OR VOLUME TO BE KEPT BY HIM OR HER FOR THAT
PURPOSE A LIST OF ALL COMMON INTEREST COMMUNITY MANAGERS, WHICH SHALL BE
KNOWN AND DESIGNATED AS AND IS HEREBY MADE THE "OFFICIAL REGISTER OF
COMMON INTEREST COMMUNITY MANAGERS IN THE STATE OF NEW YORK". THE SAID
"OFFICIAL REGISTER OF COMMON INTEREST COMMUNITY MANAGERS IN THE STATE OF
NEW YORK" IS HEREBY DECLARED TO BE A PUBLIC RECORD AND THE PRESUMPTIVE
EVIDENCE THAT THE INDIVIDUALS NAMED THEREIN ARE LICENSED TO PRACTICE
COMMON INTEREST COMMUNITY MANAGEMENT IN THIS STATE.
A. 4917 5
S 448-F. LICENSING. 1. AN INDIVIDUAL SHALL BE LICENSED BY THE BOARD
BEFORE THE INDIVIDUAL ACTS AS A COMMON INTEREST COMMUNITY MANAGER IN THE
STATE.
2. TO QUALIFY FOR A LICENSE, AN APPLICANT SHALL BE AN INDIVIDUAL WHO
MEETS THE REQUIREMENTS OF THIS SECTION.
3. THE APPLICANT SHALL:
(A) BE A CITIZEN OF THE UNITED STATES OR HOLD A VALID PERMANENT RESI-
DENT CARD FROM THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES;
AND
(B) BE OF GOOD CHARACTER AND REPUTATION; AND
(C) BE AT LEAST EIGHTEEN YEARS OLD; AND
(D) COMPLETE A TRAINING PROGRAM APPROVED BY THE BOARD AND SUCCESSFULLY
PASS AN EXAMINATION THAT IS DEVELOPED IN ACCORDANCE WITH NATIONAL STAND-
ARDS USING PSYCHOMETRIC MEASURES ACCREDITED BY THE NATIONAL ORGANIZATION
FOR COMPETENCY ASSURANCE; OR
(E) BE ACTIVELY ENGAGED IN PROVIDING MANAGEMENT SERVICES FOR AT LEAST
12 MONTHS BEFORE APPLYING FOR A LICENSE AND HOLD AN ACTIVE DESIGNATION
AS:
(1) A REGISTERED COOPERATIVE MANAGER (RCM);
(2) A PROFESSIONAL COMMUNITY ASSOCIATION MANAGER (PCAM);
(3) AN ASSOCIATION MANAGEMENT SPECIALIST (AMS);
(4) A CERTIFIED MANAGER OF COMMUNITY ASSOCIATIONS (CMCA); AND/OR
(5) A CERTIFIED PROPERTY MANAGER (CPM).
4. AN APPLICANT FOR A LICENSE SHALL:
(A) SUBMIT TO THE BOARD AN APPLICATION ON THE FORM THAT THE BOARD
PROVIDES;
(B) PAY TO THE BOARD AN APPLICATION FEE SET BY THE BOARD; AND
(C) SUBMIT PROOF OF ANY REQUIRED FIDELITY BOND OR INSURANCE POLICY
REQUIRED BY THE BOARD.
5. IF AN APPLICANT QUALIFIES FOR A LICENSE UNDER THIS ARTICLE, THE
BOARD SHALL SEND THE APPLICANT A NOTICE THAT STATES THAT:
(A) THE APPLICANT HAS QUALIFIED FOR A LICENSE; AND
(B) ON RECEIPT OF A LICENSE FEE SET BY THE BOARD, THE BOARD SHALL
ISSUE A LICENSE TO THE APPLICANT.
(C) ON PAYMENT OF THE LICENSE FEE, THE BOARD SHALL ISSUE A LICENSE TO
EACH APPLICANT WHO MEETS THE REQUIREMENTS OF THIS ARTICLE.
S 448-G. FIDUCIARY CAPACITY OF COMMON INTEREST COMMUNITY MANAGERS. 1.
A LICENSEE WHO PROVIDES MANAGEMENT SERVICES FOR MORE THAN ONE ASSOCI-
ATION SHALL MAINTAIN SEPARATE BANK ACCOUNTS FOR EACH ASSOCIATION.
2. THE FUNDS IN EACH ASSOCIATION BANK ACCOUNT MAY NOT BE COMMINGLED
WITH THE FUNDS OF THE LICENSEE OR ANOTHER ASSOCIATION.
3. THE MAINTENANCE OF BANK ACCOUNTS BY A LICENSEE SHALL BE CUSTODIAL
AND IN THE NAME OF THE ASSOCIATION.
S 448-H. REVOCATION OR SUSPENSION OF LICENSE OF A COMMON INTEREST
COMMUNITY MANAGER. 1. SUBJECT TO THE HEARING PROVISIONS OF THIS SECTION,
THE BOARD SHALL ESTABLISH BY REGULATION GROUNDS FOR DENYING A LICENSE TO
AN APPLICANT, REPRIMANDING A LICENSEE, SUSPENDING OR REVOKING A LICENSE,
OR IMPOSING A PENALTY AGAINST A LICENSEE.
2. THE BOARD MAY IMPOSE DISCIPLINARY ACTION AGAINST A LICENSEE IF THE
LICENSEE:
(A) COMMITS A FELONY OR OFFENSE INVOLVING MORAL TURPITUDE;
(B) VIOLATES THE PROVISIONS OF THIS ARTICLE;
(C) VIOLATES AN ORDER OF THE DEPARTMENT;
(D) VIOLATES REGULATIONS ADOPTED BY THE BOARD; OR
(E) FAILS TO COOPERATE WITH THE BOARD IN THE INVESTIGATION OF A
COMPLAINT.
A. 4917 6
3. EXCEPT AS OTHERWISE PROVIDED, BEFORE THE BOARD TAKES ANY FINAL
ACTION UNDER SUBDIVISION ONE OF THIS SECTION, IT SHALL GIVE THE INDIVID-
UAL AGAINST WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR A HEARING
BEFORE THE BOARD.
4. THE BOARD SHALL GIVE NOTICE AND HOLD THE HEARING IN ACCORDANCE WITH
PROCEDURES SET FORTH BY THE DEPARTMENT OF EDUCATION.
5. IF, AFTER DUE NOTICE, THE INDIVIDUAL AGAINST WHOM THE ACTION IS
CONTEMPLATED, FAILS OR REFUSES TO APPEAR, THE BOARD MAY HEAR AND DETER-
MINE THE MATTER.
6. AN INDIVIDUAL AGGRIEVED BY A FINAL DECISION OF THE BOARD IN A
CONTESTED CASE, MAY TAKE AN APPEAL AS ALLOWED UNDER APPLICABLE POLICIES
OF THE DEPARTMENT.
S 448-I. JUDICIAL REVIEW. THE ACTION OF THE DEPARTMENT IN GRANTING OR
REFUSING TO GRANT OR TO RENEW A LICENSE UNDER THIS ARTICLE, OR IN REVOK-
ING OR SUSPENDING SUCH A LICENSE, OR IMPOSING ANY FINE OR REPRIMAND ON
THE HOLDER THEREOF OR REFUSING TO REVOKE OR SUSPEND SUCH LICENSE OR
IMPOSE ANY FINE OR REPRIMAND SHALL BE SUBJECT TO REVIEW BY A PROCEEDING
BROUGHT UNDER AND PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
TICE LAW AND RULES AT THE INSTANCE OF THE APPLICANT FOR SUCH LICENSE,
THE HOLDER OF A LICENSE SO REVOKED OR SUSPENDED, THE PERSON FINED OR
REPRIMANDED OR THE PERSON AGGRIEVED.
S 448-J. ENFORCEMENT. 1. THE COMMISSIONER SHALL HAVE THE POWER TO
ENFORCE THE PROVISIONS OF THIS ARTICLE AND UPON COMPLAINT OF ANY PERSON,
OR ON HIS OR HER OWN INITIATIVE, TO INVESTIGATE THE BUSINESS, BUSINESS
PRACTICES AND BUSINESS METHODS OF ANY PERSON, FIRM, ASSOCIATION OR
CORPORATION APPLYING FOR OR HOLDING A LICENSE AS A COMMON INTEREST
COMMUNITY ASSOCIATION MANAGER, IF IN HIS OR HER OPINION SUCH INVESTI-
GATION IS WARRANTED. EACH SUCH APPLICANT OR LICENSEE SHALL BE OBLIGED,
ON REQUEST OF THE COMMISSIONER TO SUPPLY SUCH INFORMATION AS MAY BE
REQUIRED CONCERNING HIS OR HER OR ITS BUSINESS, BUSINESS PRACTICES OR
BUSINESS METHODS, OR PROPOSED BUSINESS PRACTICES OR METHODS.
2. FOR THE PURPOSE OF ENFORCING THE PROVISIONS OF THIS ARTICLE AND IN
MAKING INVESTIGATIONS RELATING TO ANY VIOLATION THEREOF, AND FOR THE
PURPOSE OF INVESTIGATING THE CHARACTER, COMPETENCY AND INTEGRITY OF THE
APPLICANTS OR LICENSEES HEREUNDER, AND FOR THE PURPOSE OF INVESTIGATING
THE BUSINESS, BUSINESS PRACTICES AND BUSINESS METHODS OF ANY APPLICANT
OR LICENSEE, OR OF THE OFFICERS OR AGENTS THEREOF, THE COMMISSIONER
SHALL HAVE THE POWER TO SUBPOENA AND BRING BEFORE THE OFFICER OR PERSON
SO DESIGNATED ANY PERSON IN THIS STATE AND REQUIRE THE PRODUCTION OF ANY
BOOKS OR PAPERS WHICH HE DEEMS RELEVANT TO THE INQUIRY, AND ADMINISTER
AN OATH TO AND TAKE TESTIMONY OF ANY PERSON OR CAUSE HIS OR HER DEPOSI-
TION TO BE TAKEN WITH THE SAME FEES AND MILEAGE AND IN THE SAME MANNER
AS PRESCRIBED BY LAW FOR CIVIL CASES IN A COURT OF RECORD, EXCEPT THAT
ANY APPLICANT OR LICENSEE OR OFFICER OR AGENT THEREOF SHALL NOT BE ENTI-
TLED TO SUCH FEES AND/OR MILEAGE. ANY PERSON, DULY SUBPOENAED, WHO FAILS
TO OBEY SUCH SUBPOENA WITHOUT REASONABLE CAUSE OR WITHOUT SUCH CAUSE
REFUSES TO BE EXAMINED OR TO ANSWER ANY LEGAL OR PERTINENT QUESTION AS
TO THE CHARACTER OR QUALIFICATION OF SUCH APPLICANT OR LICENSEE OR SUCH
APPLICANT'S OR LICENSEE'S BUSINESS, BUSINESS PRACTICES AND METHODS OF
SUCH VIOLATIONS, SHALL BE GUILTY OF A MISDEMEANOR.
3. IN ANY CRIMINAL PROCEEDING BEFORE ANY COURT, MAGISTRATE OR GRAND
JURY, OR UPON ANY INVESTIGATION BEFORE THE DEPARTMENT FOR A VIOLATION OF
ANY OF THE PROVISIONS OF THIS SECTION, THE COURT, MAGISTRATE OR GRAND
JURY, OR THE SECRETARY, HIS OR HER DEPUTY OR OTHER OFFICER CONDUCTING
THE INVESTIGATION, MAY CONFER IMMUNITY, IN ACCORDANCE WITH THE
PROVISIONS OF THE CRIMINAL PROCEDURE LAW.
A. 4917 7
S 448-K. STAY OR SUSPENSION OF COMMISSIONER'S DETERMINATION. THE
COMMENCEMENT OF AN ARTICLE SEVENTY-EIGHT PROCEEDING UNDER THE CIVIL
PRACTICE LAW AND RULES, TO REVIEW THE ACTION OF THE COMMISSIONER IN
GRANTING OR REFUSING TO GRANT, OR IN RENEWING OR REFUSING TO RENEW A
LICENSE UNDER THIS ARTICLE, OR IN REVOKING OR SUSPENDING SUCH LICENSE,
OR IMPOSING ANY FINE OR REPRIMAND SHALL STAY SUCH ACTION OF THE COMMIS-
SIONER FOR A PERIOD OF THIRTY DAYS. SUCH STAY SHALL NOT BE EXTENDED FOR
A LONGER PERIOD UNLESS THE COURT SHALL DETERMINE, AFTER A PRELIMINARY
HEARING, THAT A STAY OF THE COMMISSIONER'S ACTION PENDING THE FINAL
DETERMINATION OF FURTHER ORDER OF THE COURT SHALL NOT UNDULY INJURE THE
INTERESTS OF THE PEOPLE OF THE STATE. THE DEPARTMENT SHALL BE GIVEN AT
LEAST FORTY-EIGHT HOURS NOTICE PRIOR TO SAID PRELIMINARY HEARING.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.