Legislation
SECTION 584
Grounds for suspension or revocation of license; procedure
Banking (BNK) CHAPTER 2, ARTICLE 12-C
§ 584. Grounds for suspension or revocation of license; procedure. 1.
The superintendent may revoke any license issued hereunder if he shall
find that:
(a) The licensee has violated any provisions of this article, or of
any rule or regulation made by the superintendent under and within the
authority of this article;
(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; or
(c) The conviction of a licensee for a crime against the laws of this
state or any other state or of the United States involving moral
turpitude or fraudulent or dishonest actions, or the entry of a final
judgement in a court of competent jurisdiction against the licensee in a
civil action arising from fraud, misrepresentation, or deceit.
2. The superintendent may, on good cause shown, suspend any license
for a period not exceeding thirty days, pending investigation.
3. 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. No revocation, suspension or surrender of any license shall impair
or affect the obligation of any pre-existing lawful contract between the
licensee and any person.
6. 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license to a licensee whose license shall have been revoked if no fact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.
7. Whenever the superintendent shall revoke or suspend a license
issued pursuant to this article, he shall forthwith execute in duplicate
a written order 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.
The superintendent may revoke any license issued hereunder if he shall
find that:
(a) The licensee has violated any provisions of this article, or of
any rule or regulation made by the superintendent under and within the
authority of this article;
(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; or
(c) The conviction of a licensee for a crime against the laws of this
state or any other state or of the United States involving moral
turpitude or fraudulent or dishonest actions, or the entry of a final
judgement in a court of competent jurisdiction against the licensee in a
civil action arising from fraud, misrepresentation, or deceit.
2. The superintendent may, on good cause shown, suspend any license
for a period not exceeding thirty days, pending investigation.
3. 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. No revocation, suspension or surrender of any license shall impair
or affect the obligation of any pre-existing lawful contract between the
licensee and any person.
6. 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.
7. Whenever the superintendent shall revoke or suspend a license
issued pursuant to this article, he shall forthwith execute in duplicate
a written order 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.