N.Y. Comp. Codes R. & Regs. tit. 6 § 183.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 183.6 - Termination of appointment

(a) The commissioner or his designee may terminate the appointment of a license issuing officer or the appointment of an assistant license issuing officer at any time, for any of the following reasons, and may in his discretion afford an opportunity for a hearing with respect thereto:

(1) the annual license sales at a place of business are less than 100, as specified in section 183.2(e) of this Part;

(2) ownership of the place of business has changed;

(3) the license issuing officer or assistant license issuing officer for whom he is responsible has violated any of the requirements relative to the performance of duty as provided by section 183.5 of this Part, as appropriate;

(4) the officer has ceased to meet the eligibility requirements for appointment as set forth in section 183.2 or 183.3 of this Part, as appropriate.

(b) In cases where a termination procedure is instituted because of alleged fiscal or bookkeeping improprieties, the department shall hold such hearing within 10 days of its removing unsold licenses from the place of business and the completion of a fiscal audit. Notice of such hearing shall be given by the department at the time it removes such licenses.

(c) In cases where a termination procedure is instituted for reasons other than fiscal or bookkeeping improprieties, the department shall hold such hearing upon not less than 20 days advance written notice to such officer.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 183.6