N.Y. General Business Law 89-GGG – Grounds for denial, suspension or revocation of license; procedure
§ 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:
Terms Used In N.Y. General Business Law 89-GGG
- Armored car carrier: means any individual, partnership, association, limited liability company, corporation, or any other entity, engaging in the business of providing armored car services for hire. See N.Y. General Business Law 89-BBB
- Armored car services: means engaging in the business of providing secured transportation, protection and safeguarding of valuable cargo from one place or point to another, including the provision of cash services for automated teller machines, by means of specially designed and constructed bullet-resistant armored vehicles and armored car guards. See N.Y. General Business Law 89-BBB
- Department: means the department of state. See N.Y. General Business Law 89-BBB
- Fraud: Intentional deception resulting in injury to another.
- Licensee: means an armored car carrier that has been issued a license in accordance with the provisions of this article. See N.Y. General Business Law 89-BBB
- Secretary: means the secretary of state. See N.Y. General Business Law 89-BBB
- Serious offense: has the meaning ascribed to that term by subdivision thirteen of section eighty-nine-f of this chapter. See N.Y. General Business Law 89-BBB
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 78 of the civil practice law and rules.