N.Y. Comp. Codes R. & Regs. tit. 6 § 175.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 175.5 - License or permit revocations by the department

(a) Licenses or permits may be revoked by the department for a period of time it deems appropriate, after taking into consideration all relevant circumstances. The grounds for revocation include:

(1) materially false or inaccurate statements in the application, supporting papers or required reports;

(2) failure by the licensee or permittee to comply with any terms or conditions of the license or permit;

(3) exceeding the scope of the purpose or activities described in the application;

(4) noncompliance with any provisions of the Environmental Conservation Law, any other State or Federal laws or regulations of the department directly related to the licensed or permitted activity; and

(5) checks, money orders or vouchers, submitted by the applicant for a license, permit or application fee which are subsequently returned to the department for insufficient funds or nonpayment after the license or permit has been issued.

(b) The department shall send a notice of intent to revoke to the licensee or permittee by certified mail return receipt requested. The notice must state the alleged facts or conduct which warrant the intended action.

(c) Within 10 working days of receiving a notice of intent to revoke, the licensee or permittee may submit a written statement, for all licenses or permits listed in section 175.1(c)(1)-(9) of this Part, addressed to the Director of the Division of Fish, Wildlife and Marine Resources, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233 and for all licenses and permits listed in section 175.1(c)(10) of this Part addressed to the Chief, Bureau of Marine Resources, NYS Department of Environmental Conservation, 205 N. Belle Mead Road, Suite 1, E. Setauket, NY 11733. The written statement must set forth either the reasons why the license or permit should not be revoked, or a request for a hearing, or both. Failure by the licensee or permittee to timely submit a statement or request a hearing will result in the department's action becoming effective on the date specified in the notice.

(d) Within 10 working days of receipt of the licensee's or permittee's statement or request for hearing, the department shall either:

(1) if only a statement is submitted, rescind or confirm the notice of revocation based on the information provided by the licensee or permittee; or

(2) if a hearing has been requested, notify the licensee or permittee of a date and place for a hearing. The hearing shall not be held earlier than 30 days from the date of this notification.

(e) In the event such a hearing is held, the Director of the Division of Fish and Wildlife or the Director of the Division of Marine Resources, as appropriate, or the director's agent shall, within 30 calendar days of receipt of the completed record of the hearing, issue a decision which:

(1) continues the license or permit in effect as originally issued;

(2) modifies the license or permit conditions; or

(3) revokes the license or permit.

(f) Nothing in this Part precludes or affects the commissioner' s authority to take emergency actions summarily suspending a license or permit under section 401 of the State Administrative Procedure Act.

(g) Any person holding a license or permit must surrender such license or permit to the issuing office upon notification that the license or permit has been revoked by the department.

(h) When a license or permit has been revoked, the former licensee or permittee must comply with written directives, provided by the department, for the final disposition of any fish, game, wildlife, shellfish, crustacea, protected insects, parts or products thereof or any other property or thing formerly possessed under license or permit. All liabilities and expenses for the final disposition of such fish, game, wildlife, shellfish, crustacea, or protected insects, parts, products or articles are the responsibility of the former licensee or permittee.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 175.5