NY Veh & Traf L § 2257-A (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 11 - Registration of Snowmobiles, Motorboats and Limited Use Vehicles Article 48 - Registration of Vessels 2257-A - Suspension, Revocation or Refusal to Issue Dealer Registration; Suspension or Revocation of Dealer Demonstrator Number or Trailer Plate; Suspension Of

§ 2257-a. Suspension,   revocation   or   refusal   to   issue  dealer registration; suspension or revocation of dealer demonstrator number  or trailer  plate; suspension of authority to issue temporary registration; civil  penalty.  1.  Suspension,  revocation  and  refusal  to  renew  a registration,  demonstrator number or number plate. The commissioner may deny the application  of  any  person  for  registration  under  section twenty-two  hundred  fifty-seven  of this article or suspend or revoke a certificate of registration, demonstrator number or number plate  issued under such section or refuse to issue a renewal thereof if he determines that  such  applicant  or  registrant  or  any  other person directly or indirectly interested in the business:  (a) has made a material false statement or concealed a  material  fact in connection with his application;  (b)  has  used  or permitted the use of demonstrator numbers or number plates contrary to law;  (c) has been guilty of fraud or fraudulent or deceptive practices,  or has practiced dishonest or misleading advertising;  (d)  does not have a place of business as defined by regulation of the commissioner;  (e) was the former holder, or was an officer,  director,  stockholder, or  partner, in a corporation or partnership which was the former holder of a dealer's registration,  which  was  suspended  or  revoked  by  the commissioner; or  (f)  has failed to comply with any of the rules and regulations of the commissioner for the enforcement of this article or with  any  provision of this chapter applicable thereto.   2.  In  lieu of suspending or revoking the certificate of registration of a dealer, the commissioner may, for any of the grounds  specified  in subdivision  one  of  this section, suspend the authority of a dealer to issue temporary registrations pursuant  to  section  twenty-two  hundred fifty-five of this article.   3. Civil penalty. The commissioner, or any person deputized by him, in addition  to  or  in  lieu  of revoking or suspending the certificate of registration, or in  addition  to  suspending  the  authority  to  issue temporary  registrations, may in any one proceeding by order require the registrant to pay to the people of this state a penalty  in  a  sum  not exceeding  one  thousand dollars for each violation and upon the failure of such registrant to pay such penalty  within  twenty  days  after  the mailing of such order, postage prepaid, registered, and addressed to the last  known  place  of business of such registrant, unless such order is stayed  by  an  order  of  a  court  of  competent   jurisdiction,   the commissioner  may  suspend  the  certificate  of  registration  of  such registrant until such penalty is paid. Civil  penalties  assessed  under this  subdivision shall be paid to the commissioner for deposit into the state treasury, and unpaid civil  penalties  may  be  recovered  by  the commissioner  in  a  civil  action  in  the name of the commissioner. In addition, as an alternative to such civil action and  provided  that  no proceeding  for  judicial  review shall then be pending and the time for initiation of such proceeding shall have expired, the  commissioner  may file  with  the  county  clerk  of the county in which the registrant is located a final order of the commissioner containing the amount  of  the penalty  assessed.  The  filing  of such final order shall have the full force and effect of a judgment duly docketed in the office of such clerk and may be enforced in the same manner and with the same effect as  that provided  by  law  in respect to executions issued against property upon judgment of a court of record.   4. No certificate of registration, demonstrator number or number plate shall be suspended or revoked, civil penalty  imposed  or  authority  to  issue temporary registrations suspended until such registrant shall have been  given  the  opportunity  to  be  heard, upon written notice to the registrant, before an officer or employee of the  department  designated for  such  purpose  by  the  commissioner. However, the commissioner may temporarily suspend  a  registration,  demonstrator  numbers  or  number plates  and/or  the authority to issue temporary registrations pending a hearing.   Upon the denial of an application for a certificate  of  registration, the applicant shall, upon written request made within ten days after the applicant is notified of such denial, be entitled to a hearing before an officer or employee of the department designated for such purpose by the commissioner.   5.  Following  the  suspension  or  revocation  of  the certificate of registration of a dealer, demonstrator numbers or number plates, or  the suspension  of  the authority to issue temporary registrations, pursuant to this  section,  the  failure  of  the  holder  or  any  other  person possessing the certificate of registration, demonstrator numbers, number plates  or  temporary  registrations, issued to a dealer pursuant to the regulations of the commissioner, to deliver the same to  the  suspending or  revoking  officer  is  a  misdemeanor.  Failure of the holder or any person possessing the certificate of registration to deliver the same to any peace officer acting pursuant to his special duties, directed by the commissioner to secure possession thereof shall be a misdemeanor.