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This entry was published on 2014-09-22
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SECTION 89-GGG
Grounds for denial, suspension or revocation of license; procedure
General Business (GBS) CHAPTER 20, ARTICLE 8-B
§ 89-ggg. Grounds for denial, suspension or revocation of license;
procedure. 1. The secretary shall have the power to suspend or revoke a
license or, in lieu thereof, impose a fine not exceeding one thousand
dollars payable to the department, or, reprimand any licensee or deny an
application for a renewal thereof upon proof:

a. That the applicant or licensee has violated any of the provisions
of this article or the rules and regulations promulgated hereunder;

b. That the applicant or licensee has practiced fraud, deceit or
misrepresentation;

c. That the applicant or licensee has demonstrated incompetence or
untrustworthiness in his or her actions;

d. That the applicant or licensee has been convicted of a serious
offense or misdemeanor which, in the discretion of the secretary, bears
such a relationship to the provision of armored car services by an
armored car carrier as to constitute a bar to licensure or renewal; or

e. That the applicant or licensee has violated any of the provisions
or article eight-C of this chapter or the rules and regulations
promulgated thereunder.

2. No license shall be revoked or suspended and no fine or reprimand
shall be imposed except after written notice and hearing as set forth in
subdivisions two, three, four, five and six of section seventy-nine of
this chapter. The secretary shall revoke a license issued to a person
pursuant to this section upon proof that, on or after the date such
licensee applied for such license, the licensee was convicted of one or
more serious offenses.

3. No license may be suspended or temporarily suspended pursuant to
this section based upon the fact that a licensee is charged with one or
more serious offenses, or charged with or convicted of a misdemeanor
which, in the discretion of the secretary, bears such a relationship to
the performance of the duties of an armored car carrier, as to
constitute a bar to licensure unless:

a. there is a direct relationship between one or more such serious
offenses and the license to do business or business activities of an
armored car carrier; or

b. the possession of a license by such armored car carrier would
involve an unreasonable risk to property or to the safety or welfare of
specific individuals or the general public.

4. Pending the hearing and adjudication on suspension or revocation of
a license pursuant to the provisions of subdivision three of this
section, such license may be temporarily suspended, in accordance with
the provisions of subdivision four of section eighty-nine-1 of this
chapter, provided that such subdivision shall be read in such a manner
as to apply to armored car carriers or armored car guards as the context
requires.

5. Every license issued hereunder shall remain in full force and
effect for a period of three years unless the same shall have been
surrendered, revoked or suspended in accordance with the provisions of
this article.

6. Whenever the secretary shall revoke or suspend a license issued
pursuant to this article, the secretary shall forthwith execute a
written order to that effect. The secretary shall forthwith serve a copy
of such order upon the licensee. Any such order may be reviewed in the
manner provided by article seventy-eight of the civil practice law and
rules.