2023 New York Laws › GBS - General Business › Article 27 - Licensing of Nail Specialty, Natural Hair Styling, Esthetics and Cosmetology › 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:
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.