N.Y. Comp. Codes R. & Regs. tit. 9 § 482.3

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

Section 482.3 - Suspension or revocation of certificate of compliance

(a) In the opinion of the superintendent, whenever the test samples or any firearm submitted by the licensee relating to a certificate of compliance fails to meet the criteria, specifications and requirements set forth in this section, the superintendent shall notify the licensee, in writing, setting forth the results of such tests and his intention to revoke or suspend such certificate of compliance.

(b) Within 10 days after receipt of such written notification of the superintendent's intention to revoke or suspend said certificate of compliance, the licensee may petition the superintendent for a hearing to review the test results on which the superintendent made his determination to revoke or suspend such certificate of compliance.

(1) Not later than 30 days after the date of receipt of such request, the superintendent shall cause a hearing to be held, at such time and place as designated by him, for the purpose of reviewing the reasons for suspending such certificate of compliance and to hear the licensee's argument against such reasons, or in the alternative, a showing on behalf of the licensee that his previous failure to manufacture and assemble such firearm, in accordance with such certificate of compliance, has been corrected.

(2) In the event the licensee desires a stenographic record of such hearing, he shall so notify the superintendent and bear any costs arising therefrom.

(c) Following such hearing, the superintendent may temporarily suspend such certificate of compliance pending correction of the manufacturer's quality control procedures, or he may revoke such certificate of compliance after giving giving due notice in writing to the licensee. In either case, the decision of the superintendent to supspend or revoke such certificate of compliance shall be based on the findings arising out of such hearing.

(d) In the event the superintendent shall revoke such certificate of compliance, the licensee may cause such determination to be reviewed in accordance with a proper article 78 proceeding provided for by the Civil Practice Law and Rules (CPLR) of the State of New York.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 482.3