1. The commissioner shall at any time have the power to withhold, suspend or revoke
any license or certificate for sufficient cause, including the dissemination of false
or misleading advertising, or the engaging in fraudulent or deceptive business practices,
all of which are hereby declared to be unlawful, or any violation of this chapter
or non-conformity with any rules or regulation promulgated thereunder. Before withholding, suspending or revoking any license or certificate, the commissioner
shall give written notice to the applicant for or holder of such license or certificate,
stating that he contemplates the withholding, suspending or revocation, of same and
giving his reasons therefor. Said notice shall appoint a time of hearing before said commissioner and shall be
mailed by registered mail or certified mail to the party holding the license or certificate. On the day of hearing, the respondent may present such evidence to the commissioner
as he deems fit, and after hearing all the testimony, the commissioner shall decide
the question in such manner as to him appears just and proper. The respondent, if he feels aggrieved at the decision of the commissioner, may appeal
to the commissioner for a review of said decision within ten days, and in case of
his failure to request such review the decision shall become final unless within thirty
days after its issuance the respondent shall institute a special proceeding for the
review thereof, as provided in article seventy-eight of the civil practice law and
2. The word “fraudulent” as used herein shall include any device, scheme or artifice
to defraud and any deception, misrepresentation, concealment, suppression, false premise,
false promise or unconscionable contractual provision.
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