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What is NYC RCNY § 5-05?

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This section outlines the grounds for denial, suspension, or revocation of a certificate of eligibility due to material misrepresentations, misstatements, or omissions by applicants or recipients. The commissioner is responsible for enforcing these provisions. Applies to pet shop operators seeking certification under the Adoption Promotions program.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 5-05 Material Misrepresentations, Misstatements and Omissions.

RCNY § 5-05

(a)An applicant's or recipient's refusal to provide factual information or to cooperate with the commissioner or his or her staff in the review of the facts and circumstances upon which a determination of eligibility or of continued eligibility is to be based shall constitute grounds for denial of an applicant's eligibility, or for suspension or revocation of a recipient's certificate of eligibility.

(b)The commissioner may deny an application for a certificate of eligibility if the application is found to contain material misrepresentations, misstatements or omissions.

(c)The commissioner may suspend or revoke a certificate of eligibility if a recipient is found to have made material misrepresentations or misstatements or omissions concerning the prior, current or future status of its continued eligibility under ECSP.

(d)Denial of an application for a certificate of eligibility or the suspension or revocation of a certificate of eligibility pursuant to the provisions of this subchapter shall be subject to an opportunity to be heard pursuant to 66 RCNY §§ 5-45, 5-46 and 5-47.

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