N.Y. LAB Law § 459 — New York Code / Act LAB / Article 16 / Section 459
Denial or revocation of license or certificate
Status: in_force

§ 459. Denial or revocation of license or certificate. 1. A license or\ncertificate, or the renewal thereof may be denied where the commissioner\nhas probable reason to believe, based on knowledge or reliable\ninformation, or finds, after investigation, that the applicant or any\nofficer, servant, agent or employee of the applicant is not sufficiently\nreliable and experienced to be authorized to own, possess, store,\ntransport, use, manufacture, deal in, sell, purchase or otherwise\nhandle, as the case may be, explosives, lacks suitable facilities\ntherefor, has been convicted of a felony, is disloyal or hostile to the\nUnited States, has been confined as a patient or incarcerated individual\nin a public or private institution for the treatment of mental diseases\nor has been convicted under section four hundred eighty-four of the\ngeneral business law. Whenever the commissioner denies an application\nfor a license or certificate or the renewal thereof, within five days of\nsuch denial, notice thereof and the reasons therefor shall be provided\nin writing to the applicant. Such denial may be appealed to the\ncommissioner who shall follow the procedure provided by subdivision four\nof this section.\n  2. The commissioner may revoke any certificate or license on any\nground or grounds authorized in subdivision one of this section for the\ndenial of a license or certificate, or for a violation of the terms of\nsuch license or certificate, or for a violation of any provision of this\narticle or regulations promulgated hereunder, or for non-compliance with\nany order issued by the commissioner within the time specified in such\norder.\n  The commissioner may, where he or she has probable reason to believe,\nbased on knowledge or reliable information, that a licensee or\ncertificate holder is disloyal to the United States, summarily revoke\nthe license or certificate or may give such licensee or certificate\nholder notice and opportunity to be heard as provided in subdivision\nfour of this section. Revocation of a license or certificate for any\nother ground may be ordered only after giving written notice and an\nopportunity to be heard to the holder thereof. Such notice shall specify\nthe ground or grounds on which it is proposed to revoke the license or\ncertificate. When a license or certificate is revoked, the commissioner\nmay direct the seizure and/or disposition of explosives held by such\nlicensee or certificate holder. Upon revocation of a license or\ncertificate by the commissioner, the holder thereof shall surrender the\nlicense or certificate to the commissioner at once.\n  3. The commissioner may summarily suspend the license or certificate\npending proceedings for revocation or other action, where he or she has\nreason to believe, based on knowledge or reliable information, that the\ncontinued possession of a license or certificate poses a danger to\npublic health, safety or welfare, and incorporates a finding to that\neffect in his or her order. These proceedings shall be promptly\ninstituted and determined. Such suspension shall be effective on the\ndate specified in the order or upon service of a certified copy of such\norder on the license or certificate holder, whichever shall be later.\n  4. Unless, within fifteen days from the date of notice, the applicant\nfor a license or certificate or the recipient of a notice stating that\nthe commissioner proposes to revoke a license or certificate held by him\nor her, shall file a written answer with the commissioner denying the\nground or grounds on which a license or certificate has been denied or\nnot renewed or ground or grounds on which revocation of a license or\ncertificate is sought, and shall request a hearing, the commissioner may\nmake a final determination respecting the application for a license or\ncertificate, or may revoke a license or certificate forthwith. If,\nwithin such fifteen days, the applicant, licensee or certificate holder\nfiles such answer and request for hearing, the commissioner shall\nschedule a hearing. The notice of hearing shall state the time, place,\nand subject of the hearing, and shall be mailed to the applicant,\ncertificate holder or licensee at his or her last known address at least\nfive days before the date of hearing. Hearings shall be held by the\ncommissioner or his or her representative, and the applicant,\ncertificate holder or licensee may appear in person or may be\nrepresented by an agent. After such hearing, the commissioner shall\nrender a decision in writing.\n