§ 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.