Legislation
SECTION 221-F
Grounds for suspension or revocation of license; procedure
Banking (BNK) CHAPTER 2, ARTICLE 5-B
§ 221-f. Grounds for suspension or revocation of license; procedure.
1. The superintendent may revoke any license issued hereunder if it
shall be found that:
(a) The licensee or its representative has violated any provision of
this article, or of any rule or regulation made by the superintendent
under and within the authority of this article or of any other law, rule
or regulation of this state.
(b) Any fact or condition exists which, if it had existed at the time
of the original application for such license, would have warranted the
superintendent in refusing originally to issue such license.
2. The superintendent may, on good cause shown, suspend any license
for a period not exceeding thirty days, pending investigation.
3. Except as provided in subdivision two of this section, no license
shall be revoked or suspended except after notice and a hearing thereon.
4. Any licensee may surrender any license by delivering to the
superintendent written notice that it thereby surrenders such license,
but such surrender shall not affect such licensee's civil or criminal
liability for acts committed prior to such surrender.
5. Every license issued hereunder shall remain in force and effect
until the same shall have been surrendered, revoked or suspended in
accordance with the provisions of this article, but the superintendent
shall have authority to reinstate a suspended license or to issue a new
license to a licensee whose license shall have been revoked if no fact
or condition then exists which would have warranted the superintendent
in refusing originally to issue such license under this article.
6. Whenever the superintendent shall revoke or suspend a license
issued pursuant to this article, a written order shall be immediately
executed in duplicate to that effect. The superintendent shall file one
copy of such order in the office of the department of financial services
and shall forthwith serve the other copy upon the licensee. Any such
order may be reviewed in the manner provided by article seventy-eight of
the civil practice law and rules. Such application for review as
authorized by this section must be made within thirty days from the date
of such order of suspension or revocation.
1. The superintendent may revoke any license issued hereunder if it
shall be found that:
(a) The licensee or its representative has violated any provision of
this article, or of any rule or regulation made by the superintendent
under and within the authority of this article or of any other law, rule
or regulation of this state.
(b) Any fact or condition exists which, if it had existed at the time
of the original application for such license, would have warranted the
superintendent in refusing originally to issue such license.
2. The superintendent may, on good cause shown, suspend any license
for a period not exceeding thirty days, pending investigation.
3. Except as provided in subdivision two of this section, no license
shall be revoked or suspended except after notice and a hearing thereon.
4. Any licensee may surrender any license by delivering to the
superintendent written notice that it thereby surrenders such license,
but such surrender shall not affect such licensee's civil or criminal
liability for acts committed prior to such surrender.
5. Every license issued hereunder shall remain in force and effect
until the same shall have been surrendered, revoked or suspended in
accordance with the provisions of this article, but the superintendent
shall have authority to reinstate a suspended license or to issue a new
license to a licensee whose license shall have been revoked if no fact
or condition then exists which would have warranted the superintendent
in refusing originally to issue such license under this article.
6. Whenever the superintendent shall revoke or suspend a license
issued pursuant to this article, a written order shall be immediately
executed in duplicate to that effect. The superintendent shall file one
copy of such order in the office of the department of financial services
and shall forthwith serve the other copy upon the licensee. Any such
order may be reviewed in the manner provided by article seventy-eight of
the civil practice law and rules. Such application for review as
authorized by this section must be made within thirty days from the date
of such order of suspension or revocation.