§ 424. Grounds for denial, suspension or revocation of license;
procedure. 1. The secretary shall have the power to suspend or revoke a
license or, in lieu thereof, to impose a fine not exceeding one thousand
dollars payable to the department, or reprimand any licensee or deny an
application for a license or renewal thereof upon proof:

a. that the applicant or licensee has violated any of the provisions
of this article or the rules and regulations promulgated hereunder;

b. that the applicant or licensee has practiced fraud, deceit or
misrepresentation;

c. that the applicant or licensee has made a material misstatement in
the application for or renewal of his or her license; or

d. that the applicant or licensee has demonstrated incompetence or
untrustworthiness in his or her actions.

2. No license shall be revoked or suspended except after written
notice and a hearing as set forth in subdivisions two, three, four, five
and six of section seventy-nine of this chapter.

3. Every license issued hereunder shall remain in full force and
effect for a period of two years unless the same shall have been
surrendered, revoked or suspended in accordance with the provisions of
this article, but the secretary 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shall have been revoked if no fact or condition then exists which would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 secretary in refusing originally to issue such
license under this article.

4. Whenever the secretary shall revoke or suspend a license issued
pursuant to this article, the secretary shall forthwith execute in
duplicate a written order to that effect. The secretary shall file one
copy of such order in the office of the department 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.