Agriculture & Markets - Care of Animals By Pet Dealers - License refusal, suspension, or revocation

Published: 2014-09-22

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§ 404. License refusal, suspension, or revocation. The commissioner
may decline to grant or renew or may suspend or revoke a pet dealer
license, on any one of the following grounds:

1. Material misstatement in the license application.

2. Material misstatement in or falsification of records required to be
kept pursuant to this article, or under any regulation promulgated
thereunder, or failure to allow the commissioner or his or her
authorized agents to inspect records or pet dealer facilities.

3. Violation of any provision of this article or conviction of a
violation of any provision of article twenty-six of this chapter or
regulations promulgated thereunder pertaining to humane treatment of
animals, cruelty to animals, endangering the life or health of an
animal, or violation of any federal, state, or local law pertaining to
the care, treatment, sale, possession, or handling of animals or any
regulation or rule promulgated pursuant thereto relating to the
endangerment of the life or health of an animal.

4. Before any license shall be suspended or revoked, the commissioner,
or any hearing officer he or she may designate, shall hold a hearing,
upon due notice to the licensee, in accordance with any regulations
promulgated by the department and in accordance with articles three and
four of the state administrative procedure act. Where a licensee has
three consecutive inspections in which the licensee has failed to
correct deficiencies of a critical nature, pursuant to this section, the
commissioner shall hold a hearing to consider the suspension or
revocation of the pet dealer license. Nothing in this section shall
prohibit the commissioner from taking additional actions as otherwise
permitted by this section regarding such licenses prior to the
occurrence of three consecutive inspections in which the licensee has
failed to correct deficiencies of a critical nature.

5. Any action of the commissioner shall be subject to judicial review
in a proceeding under article seventy-eight of the civil practice law
and rules.