N.Y. Comp. Codes R. & Regs. tit. 15 § 76.23

Current through Register Vol. 46, No. 25, June 18, 2024

Section 76.23 - Suspension, revocation and refusal to renew

(a) The commissioner, or any employee of the Department of Motor Vehicles deputized by him, may suspend or revoke a license or refuse to issue a renewal thereof for any of the following causes:

(1) the conviction of the licensee or any partner, officer, agent or employee of such licensee, of a felony or of any crime involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude;

(2) where the licensee has made a material false statement or concealed a material fact in connection with his application for the license or a renewal thereof;

(3) where the licensee has failed to comply with any of the provisions of section 394 of the Vehicle and Traffic Law or of the rules and regulations of the commissioner made pursuant thereto;

(4) where the licensee or any partner, officer, agent or employee of such licensee has been guilty of fraud or fraudulent practices in relation to securing for himself or another a license to drive a motor vehicle or motorcycle. The term fraudulent practices as used herein shall include, but shall not be limited to, any conduct or representation on the part of the licensee, or any partner, officer, agent or employee of a licensee, tending to induce another or to give the impression that a license to operate a motor vehicle or motorcycle, or any other license, registration or service granted by the commissioner, may be obtained by any means other than the ones prescribed by law, or furnishing or obtaining the same by illegal or improper means, or requesting, accepting, exacting or collecting money for such purpose; or

(5) the failure of the licensee or any partner, officer, agent or employee of the licensee to conduct the prescribed tests for instructor applicants in the manner authorized by this department and/or the failure of the licensee or any partner, officer, agent or employee of the licensee to conduct the 30-hour course to instructor applicants according to the curriculum supplied by this department and/or for the number of hours required by this department and this Part.

(b) The commissioner may revoke or suspend such license for causes and violations, as prescribed by this section, occurring during the two license periods immediately preceding the renewal of such license.

(c) The action of the commissioner in refusing to issue a renewal, or revoking or suspending a license or instructor's certificate, may be reviewed in a proceeding under article 78 of the Civil Practice Law and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.23

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff.9/7/2016