Legislation
SECTION 249
Granting, revoking or suspending licenses
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 20
§ 249. Granting, revoking or suspending licenses. The commissioner may
decline to grant or renew a license, or revoke or suspend a license
already granted, upon due notice and opportunity for a hearing to the
applicant or licensee, and upon finding of one or more of the following:
1. That the licensee or applicant has violated any provision of
section two hundred forty-six of this article.
2. That the licensee has made a general assignment for the benefit of
creditors or is insolvent or where a money judgment has been secured
against him or her, upon which an execution has been returned
unsatisfied and the time to appeal therefrom has expired.
3. That there has been a continued course of dealing or operation of
the business of the applicant or licensee of such a nature as to satisfy
the commissioner of the inability or the unwillingness of the applicant
or licensee to conduct his or her business in compliance with the
provisions of this chapter, or of such rules and regulations as the
commissioner may adopt.
4. That there has been a continued failure to keep records required by
the commissioner or by law.
5. That the applicant or licensee has failed to provide such security
as required by the commissioner pursuant to this article.
6. That the applicant or licensee has been a party to or is conspiring
to enter a combination to fix prices contrary to law.
7. That the applicant or licensee has solicited, purchased or received
farm products contracted to another licensee.
8. That the applicant or licensee has failed to comply with any other
provisions of this chapter, article or rules and regulations promulgated
thereunder.
9. That the applicant or licensee has made any false or misleading
statement in his or her application to the commissioner for a license,
or concerning any matter enumerated in this article.
10. That the applicant or licensee or any individual holding any
position or interest or power of control of the applicant or licensee
had previously been responsible in whole or in part for any act on
account of which a license may have been suspended or revoked pursuant
to the provisions of this article.
11. That the licensee has violated the posting requirements of section
two hundred forty-eight of this article.
decline to grant or renew a license, or revoke or suspend a license
already granted, upon due notice and opportunity for a hearing to the
applicant or licensee, and upon finding of one or more of the following:
1. That the licensee or applicant has violated any provision of
section two hundred forty-six of this article.
2. That the licensee has made a general assignment for the benefit of
creditors or is insolvent or where a money judgment has been secured
against him or her, upon which an execution has been returned
unsatisfied and the time to appeal therefrom has expired.
3. That there has been a continued course of dealing or operation of
the business of the applicant or licensee of such a nature as to satisfy
the commissioner of the inability or the unwillingness of the applicant
or licensee to conduct his or her business in compliance with the
provisions of this chapter, or of such rules and regulations as the
commissioner may adopt.
4. That there has been a continued failure to keep records required by
the commissioner or by law.
5. That the applicant or licensee has failed to provide such security
as required by the commissioner pursuant to this article.
6. That the applicant or licensee has been a party to or is conspiring
to enter a combination to fix prices contrary to law.
7. That the applicant or licensee has solicited, purchased or received
farm products contracted to another licensee.
8. That the applicant or licensee has failed to comply with any other
provisions of this chapter, article or rules and regulations promulgated
thereunder.
9. That the applicant or licensee has made any false or misleading
statement in his or her application to the commissioner for a license,
or concerning any matter enumerated in this article.
10. That the applicant or licensee or any individual holding any
position or interest or power of control of the applicant or licensee
had previously been responsible in whole or in part for any act on
account of which a license may have been suspended or revoked pursuant
to the provisions of this article.
11. That the licensee has violated the posting requirements of section
two hundred forty-eight of this article.