§ 2-08 Refusal to Issue License or Registration; Revocation and Suspension of License or Registration.
RCNY § 2-08
(a)Where the Staff of the Commission proposes that the Commission refuse, pursuant to § 16-509 or 16-507 of the Code, as the case may be, to issue a license to remove, collect, or dispose of trade waste or a registration as a trade waste broker or a Class 1 registration or Class 2 registration for a business exempt from licensing requirements, the applicant shall be notified in writing of the reasons for the proposed refusal of such license or registration and that the applicant may, within ten (10) business days of the date of such notification, respond in writing to the Commission setting forth the reasons such applicant believes that it should not be denied such license or registration. In the exercise of its discretion, the Commission, considering the reasons for the proposed refusal to issue the license or registration, the nature of the issues raised in connection therewith, and the response submitted by the applicant, may make a final determination regarding the issuance of such license or registration or through the Chair or his or her designee, afford the applicant such further opportunity to be heard in such proceeding as is deemed appropriate. A final determination to refuse to issue a license or registration pursuant to this section shall be by majority vote of the Commission. Such determination and the reasons therefor shall be communicated to the applicant in writing.
(b)The Commission may, after notice to a licensee, Class 2 registrant under section 16-505(a), Class 1 registrant or trade waste broker registrant, and the opportunity for a hearing conducted pursuant to 17 RCNY § 1-03, revoke or suspend a license or a registration issued pursuant to this subchapter for the reasons set forth in § 16-513 of the Code. The Commission may suspend a license, Class 2 registration under section 16-505(a), Class 1 registration or trade waste broker registration pursuant to § 16-514 of the Code without a prior hearing. Upon notification of an emergency suspension pursuant to such section, a licensee or registrant may apply to the Chair of the Commission for immediate review of such suspension. The Chair shall determine such appeal forthwith. In the event that such appeal is denied, an opportunity for a hearing pursuant to 17 RCNY § 1-03 shall be provided on an expedited basis, within a period not to exceed four business days, and the Commission shall issue a final determination no later than four days following the conclusion of such hearing.
