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This entry was published on 2014-09-22
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SECTION 45-A
Refunds
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 3
§ 45-a. Refunds. 1. Moneys heretofore or hereafter received by the
department pursuant to this chapter may, within one year from the
receipt thereof, be refunded to the party for whose account same were
received, on proof satisfactory to the commissioner that:

a. Such moneys were in excess of the amount required by law.

b. The license for which application was made has been refused by the
commissioner.

c. Such moneys were received as payment for services or materials and
such services have not been rendered or such materials furnished.

d. Such moneys were received as rental or concession fees and the
applicant for such concession or lease has, by acts or omissions of the
department, been deprived of the use of the leased premises or has been
prevented from operation of the concession for the whole or a portion of
the term of such lease or concession agreement; provided, however, that
no such refund shall be for a greater proportion of the total rental or
concession fee than the period of such loss of use bears to the period
of such lease or concession agreement.

2. Such refunds shall, upon approval by the commissioner and after
audit by the comptroller, be paid from any moneys in the custody of the
department received as license fees, sales of materials, fees for
services or for rentals, or fees for grants of concessions.

3. Whenever any person, firm, corporation or cooperative association
has filed with the commissioner any surety bond or other security and
fails to perform the conditions for which such surety bond or security
was pledged, the commissioner may, after audit by the comptroller,
distribute any proceeds therefrom in the manner provided by this
chapter.

4. When the conditions under which any security (other than a surety
bond) filed with the commissioner have been fully discharged, the
commissioner may return such security to the person filing the same,
together with any interest or income which may have accrued thereon; and
the commissioner may also, from time to time and after audit by the
comptroller, pay to the depositor any intermediate interest or income
accruing from such security.

5. Nothing contained in this section shall in any way supersede, alter
or amend the provisions of section thirty-one-c of this chapter.