New York Laws
Article 12-A - Tax on Gasoline and Similar Motor Fuel
283-A - Licensing of Importing Transporters.

(i) commits fraud or deceit in his operations as a transporter or has
committed fraud or deceit in procuring his license;
(ii) has been convicted in a court of competent jurisdiction, either
within or without the state, of a felony, as defined under subdivision
eight of section two hundred eighty-three of this article, bearing on
such transporter's duties and obligations under this chapter;
(iii) has knowingly aided and abetted a person who is not registered
as a distributor in the importation, production, refining, manufacture
or compounding of motor fuel; or
(iv) has knowingly aided and abetted the distribution of motor fuel
imported, caused to be imported, produced, refined, manufactured or
compounded by a distributor who is not registered by the department.
A license may also be cancelled or suspended if the commissioner
determines that a licensee or an officer, director, shareholder,
employee or partner of the licensee who as such officer, director,
shareholder, employee or partner is under a duty to act for such
licensee or any shareholder directly or indirectly owning more than ten
percent of the number of shares of stock of the licensee (where such
licensee is a corporation) entitling the holder thereof to vote for the
election of directors or trustees of such licensee, was an officer,
director, shareholder, employee or partner of another person who as such
officer, director, shareholder, employee or partner was under a duty to
act for such other person or was a shareholder directly or indirectly
owning more than ten percent of the number of shares of stock of such
other person (where such other person is a corporation) entitling the
holder thereof to vote for the election of directors or trustees of such
other person at the time such other person committed any of the acts or
omissions which are, or was convicted as, specified in this subdivision
within the preceding five years.
5. A license shall not be cancelled or suspended nor shall an
application for a license be refused unless the licensee or applicant
for a license has had an opportunity for a hearing, provided, however,
that an application for a license may be denied without a prior hearing.
Provided, further, a license may be cancelled or suspended without a
prior hearing, for failure to file a return or report within ten days of
the date prescribed for filing under this article or for nonpayment of
any sums due pursuant to this article or article twenty-eight or
twenty-nine of this chapter with respect to motor fuel if the licensee
shall have failed to file such return or report or pay such sums within
ten days after the date the demand therefor is sent by registered or
certified mail to the address of the transporter given in his
application for a license, or an address substituted therefor as in this
subdivision. A license may also be cancelled or suspended prior to a
hearing for the failure to continue to maintain in full force and effect
at all times the bond or other security filed with the commissioner.
Provided, however, if a surety bond is cancelled prior to expiration,
the commissioner, after considering all the relevant circumstances, may
make such other arrangements and require the filing of such other bond
or other security as the commissioner deems appropriate. Provided,
further, a license may be cancelled or suspended prior to a hearing for
the transfer of such license. A transporter shall immediately inform the
department, in writing, of any change in its address and, if the
transporter is a corporation or partnership, the transporter shall
immediately inform the department, in writing, of any change in its
officers, directors or partners or their residence addresses as shown in
its application for a license.
6. The provisions of subdivisions six, eight, nine and ten of section
two hundred eighty-three of this article shall apply to the provisions
of this section in the same manner and with the same force and effect as
if the language of these subdivisions had been incorporated in full into
this section and had expressly referred to the importing transporter's
license or the exporting transporter's license under this section,
except to the extent that any such provision is either inconsistent with
a provision of this section or is not relevant to this section.