N.Y. General Business Law 410 – Administration
§ 410. Administration. 1. Suspension and revocation of licenses or registrations; fines; reprimands. A license or registration issued pursuant to this article may be suspended or revoked, or a fine not exceeding five hundred dollars payable to the department may be imposed for any one or more of the following causes:
Terms Used In N.Y. General Business Law 410
- Appearance enhancement business: means the business of providing any or all of the services licensed pursuant to this article at a fixed location. See N.Y. General Business Law 400
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- cosmetology: means providing the services described in subdivisions four, five and six of this section, providing service to the hair, head, face, neck or scalp of a human being, including but not limited to shaving, trimming, and cutting the hair or beard either by hand or mechanical appliances and the application of antiseptics, powders, oil, clays, lotions or applying tonics to the hair, head, or scalp, and in addition includes providing, for a fee or any consideration or exchange, whether direct or indirect, services for the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair of a human being. See N.Y. General Business Law 400
- Department: means the department of state. See N.Y. General Business Law 400
- esthetics: means providing for a fee, or any consideration or exchange, whether direct or indirect, services to enhance the appearance of the face, neck, arms, legs, and shoulders of a human being by the use of compounds or procedures including makeup, eyelashes, depilatories, tonics, lotions, waxes, sanding and tweezing, whether performed by manual, mechanical, chemical or electrical means and instruments but shall not include the practice of electrology. See N.Y. General Business Law 400
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- nail specialty: means providing services for a fee or any consideration or exchange to cut, shape or to enhance the appearance of the nails of the hands or feet. See N.Y. General Business Law 400
- natural hair styling: means providing for a fee, or any consideration or exchange, whether direct or indirect, any of the following services to the hair of a human being: shampooing, arranging, dressing, twisting, wrapping, weaving, extending, locking or braiding the hair or beard by either hand or mechanical appliances. See N.Y. General Business Law 400
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, firm, limited liability company, partnership or corporation. See N.Y. General Business Law 400
- Secretary: means the secretary of state. See N.Y. General Business Law 400
- waxing: means providing for a fee, or any consideration or exchange, whether direct or indirect, services to enhance the appearance of the face, neck, arms, legs, or shoulders of a human being by the removal of hair by the use of depilatories, waxes or tweezing but shall not include the practice of electrology. See N.Y. General Business Law 400
a. Fraud or bribery in securing a license or registration or permission to take an examination therefor.
b. The making of any false statement as to a material matter in any application or other statement or certificate required by or pursuant to this article.
c. Incompetence or untrustworthiness.
d. Failure to display the license or registration as provided in this article.
e. Violation of any provision of this article, or of any rule or regulation adopted hereunder.
f. Conviction of any of the following crimes subsequent to the issuance of a license or registration pursuant to this article: fraud pursuant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and 190.65; falsifying business records pursuant to section 175.10; grand larceny pursuant to article 155; bribery pursuant to sections 180.03, 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40; assault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery pursuant to article 160; homicide pursuant to sections 125.25 and 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping and unlawful imprisonment pursuant to sections 135.10, 135.20 and 135.25; unlawful weapons possession pursuant to sections 265.02, 265.03 and 265.04; criminal use of a weapon pursuant to sections 265.08 and 265.09; criminal sale of a weapon pursuant to sections 265.11 and 265.12; compelling prostitution pursuant to section 230.33; sex trafficking pursuant to section 230.34; sex trafficking of a child pursuant to section 230.34-a; and sex offenses pursuant to article 130 of the penal law. Provided, however, that for the purposes of this article, none of the following shall be considered criminal convictions or reported as such: (i) a conviction for which an executive pardon has been issued pursuant to the executive law; (ii) a conviction which has been vacated and replaced by a youthful offender finding pursuant to Article seven hundred twenty of the criminal procedure law, or the applicable provisions of law of any other jurisdiction; or (iii) a conviction the records of which have been expunged or sealed pursuant to the applicable provisions of the laws of this state or of any other jurisdiction; and (iv) a conviction for which other evidence of successful rehabilitation to remove the disability has been issued.
Provided, however, a fine shall not be imposed for the causes specified in paragraph f of this subdivision.
In lieu of or in conjunction with the suspension or revocation of a license or registration, or the imposition of a fine pursuant to this section, the secretary may issue a reprimand. When a license or registration issued pursuant to this article is revoked, such license or registration shall not be reinstated or reissued until after the expiration of a period of one year from the date of such revocation. No license or registration shall be issued after a second revocation.
2. Unlicensed activities. a. The secretary may issue an order directing the cessation of any activity related to nail specialty, waxing, natural hair styling, esthetics or cosmetology for which a license is required by this article upon a determination that a person, partnership, limited liability company or business corporation, engaging in the business or occupation of, or holding himself, herself or itself out as or acted, temporarily or otherwise, as a nail specialist, natural hair stylist, esthetician or cosmetologist within this state without a valid license being in effect. The secretary shall, before making such determination and order, afford such person, partnership, limited liability company or business corporation an opportunity to be heard in person or by counsel in reference thereto in an adjudicatory proceeding held pursuant to section four hundred eleven of this article as applicable.
b. Notwithstanding any provision to the contrary, if the secretary finds that a person, partnership, limited liability company or business corporation, is holding himself, herself or itself out as or is acting as, temporarily or otherwise, an appearance enhancement business within this state without a valid license, the secretary shall provide the person, partnership, limited liability company or business corporation with a written notice of violation and complaint, and shall afford an opportunity to be heard, either in person or by counsel, before an administrative law judge no sooner than three days from delivery of such notice of violation. If documentary proof that the deficiency has been cured is not provided to the secretary at or before such hearing, following a hearing determination that unlicensed activities have occurred, the secretary may issue an immediate order directing the cessation of any activity for which an appearance enhancement license is required.
c. The secretary may issue an order directing the cessation of any activity if the secretary finds that a person, including a partnership, a limited liability company or business corporation, is holding himself, herself or itself out as or is acting as, temporarily or otherwise, an appearance enhancement business within the state without a (i) bond or (ii) liability insurance or liability coverage which is covered through a bond. The secretary shall, before making such determination and order, afford such person, partnership, limited liability company or business corporation an opportunity to be heard in person or by counsel in reference thereto in an adjudicatory proceeding held pursuant to section four hundred eleven of this article. The enforcement of this provision shall require the department of financial services to certify in writing to the secretary that any bonds or liability insurance that is required by the department is readily available to appearance enhancement businesses from the market place.
d. The attorney general, acting on behalf of the secretary, may commence an action or proceeding in a court of competent jurisdiction to obtain a judgment against such person, partnership, limited liability company or business corporation in an amount equal to that assessed as a civil penalty. Said judgment shall thereafter be enforceable by any means authorized by the civil practice law and rules.
e. Where an appearance enhancement business operator continues to operate without a license following the issuance of an order by the secretary directing cessation, the attorney general, acting on behalf of the secretary, may commence an action or proceeding in a court of competent jurisdiction against such operator to obtain an order enjoining further operation of such business. An appearance enhancement business that has been ordered to cease operation shall not re-open without first obtaining a license as required by this article and paying any assessed fines.