2023 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.