N.Y. Comp. Codes R. & Regs. tit. 18 § 729.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 729.4 - Revocation of a license

(a) A license may be revoked, or the licensee placed on probation, or removed as the manager of a facility, when the commission determines that a licensee:

(1) has operated a vending facility in such a manner as to jeopardize the commission's investment in the vending facility;

(2) has defrauded the commission, any agency of government or a private vendor of any fees, taxes or any other monetary obligation;

(3) has been found to have discriminated in the operation of the vending facility in violation of applicable laws or regulations;

(4) has been absent from the vending facility without prior notice to the commission;

(5) has failed to operate the vending facility pursuant to its scheduled hours of operation without the prior approval of the commission;

(6) is found guilty of a crime and as a result thereof is incarcerated or otherwise unable or prohibited from operating the vending facility;

(7) is delinquent in submitting financial reports or payments as are required under section 729.10(i) of this Part; or

(8) fails to operate the vending facility in accordance with this Part, and any applicable laws or regulations.

(b) Prior to revoking a license, the commission may place a licensee on probation. Any licensee who is placed on probation must be promptly notified by the commission in writing sent by certified mail to the address provided by the licensee. Such notice must set forth the reason(s) for the probationary period, the length and the terms of the probation, the consequences of failure to comply with such terms of probation, and how to request an evidentiary hearing. While on probation, a licensee is not eligible for promotion. During such probation, the Business Enterprise Program may, when operational needs require, terminate the operating agreement, remove the licensee from the vending facility and arrange to operate the vending facility in accordance with this Part.

(c) A licensee whose license is being revoked must be afforded an opportunity for a hearing, pursuant to section 729.22 of this Part, before the effective date of such revocation. A licensee who is placed on probation may request a hearing pursuant to section 729.22 of this Part.

(d) Notice of a revocation of a license must be made by letter sent by certified mail to the licensee at an address provided by the licensee. The letter must set forth the reason(s) for the revocation and contain the proposed effective date of the revocation. The letter also must notify the licensee of the right to request a hearing pursuant to section 729.22 of this Part and the procedures therefor.

(e) A blind person whose license has been revoked is ineligible to operate a vending facility in the Business Enterprise Program. All of the blind person's retirement accruals and other benefits will be suspended until a new license is issued pursuant to subdivision (f) of this section. Seniority will cease to accrue during any period of revocation. The blind person will remain responsible for all financial obligations incurred prior to revocation.

(f) A blind person whose license has been revoked may apply for a new license to be issued in accordance with section 729.3 of this Part. Such license may not be issued until remedial actions to correct the deficiencies which resulted in the prior revocation are completed to the satisfaction of the commission. Such remedial actions include, but are not limited to, resolving all outstanding financial obligations incurred by the licensee in conjunction with the previous license, and providing proof to the commission that such obligations have been satisfied.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 729.4