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This entry was published on 2014-09-22
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SECTION 89-WWW
Violations and penalties
General Business (GBS) CHAPTER 20, ARTICLE 8-C
§ 89-www. Violations and penalties. 1. Any individual who is employed
as an armored car guard or who acts as an armored car guard in violation
of the provisions of this article or who knowingly and willfully makes
material misstatements in the application for or renewal of his or her
conditional letter of authority or registration card, as the case may
be, or who permits or authorizes the employment of an individual as an
armored car guard in violation of the provisions of this article, shall
be guilty of a misdemeanor, which, upon conviction, shall be punishable
by a term of imprisonment not to exceed six months, or by a fine of not
more than one thousand dollars, or by both such fine and imprisonment,
upon the first conviction, and by a term of imprisonment not to exceed
one year, or by a fine of not less than one thousand dollars and not to
exceed two thousand five hundred dollars, or by both such fine and
imprisonment, upon a subsequent conviction.

2. a. Any holder who shall knowingly and willfully fail to surrender
his or her conditional letter of authority or registration card within
five days of receipt of notice of suspension, revocation, or nonrenewal
thereof by the secretary, or the officer designated by the secretary to
preside over the hearing, pursuant to the provisions of section
eighty-nine-vvv of this article, shall be guilty of a violation,
punishable by a fine not to exceed two hundred fifty dollars, in
addition to any other penalty prescribed by law.

b. Notwithstanding the provisions of paragraph a of this subdivision,
where it is determined after a hearing that the holder has violated one
or more provisions of this article pursuant to paragraph c of sudivision
three of section eighty-nine-vvv of this article, the secretary may, in
lieu of revocation or suspension of the conditional letter of authority
or registration card of such holder, impose a fine not to exceed one
thousand dollars for each violation, payable to the department.

3. Each violation of this article shall be deemed a separate offense.

4. Unless otherwise provided under this article, all fees, fines and
penalties collected under this article shall be deposited to the credit
of the licensing examinations services account established pursuant to
the provisions of section ninety-seven-aa of the state finance law.