§ 441-c. Revocation and suspension of licenses. 1. Powers of\ndepartment. (a) The department of state may revoke the license of a\nreal estate broker or salesperson or suspend the same, for such period\nas the department may deem proper, or in lieu thereof may impose a fine\nnot exceeding two thousand dollars payable to the department of state,\nprovided that fifty percent of all moneys received by the department of\nstate for such fines shall be payable to the anti-discrimination in\nhousing fund established pursuant to section eighty-a of the state\nfinance law, or a reprimand upon conviction of the licensee of a\nviolation of any provision of this article, or for a violation of\nsubdivision four of section four hundred forty-two-h of this article, or\nfor a material misstatement in the application for such license, or if\nsuch licensee has been guilty of fraud or fraudulent practices, or for\ndishonest or misleading advertising, or has demonstrated\nuntrustworthiness or incompetency to act as a real estate broker or\nsalesperson, or for a violation of article fifteen of the executive law\ncommitted in their capacity as a real estate broker or salesperson, as\nthe case may be. In the case of a real estate broker engaged in the\nbusiness of a tenant relocator, untrustworthiness or incompetency shall\ninclude engaging in any course of conduct including, but not limited to,\nthe interruption or discontinuance of essential building service, that\ninterferes with or disturbs the peace, comfort, repose and quiet\nenjoyment of a tenant.\n (b) (i) The provisions of this paragraph shall apply in all cases of\nlicensed broker or licensed salesperson who have failed, after receiving\nappropriate notice, to comply with a summons, subpoena or warrant\nrelating to a paternity or child support proceeding or is in arrears in\npayment of child support or combined child and spousal support referred\nto the department by a court pursuant to the requirements of section two\nhundred forty-four-c of the domestic relations law or pursuant to\nsection four hundred fifty-eight-b or five hundred forty-eight-b of the\nfamily court act.\n (ii) Upon receipt of an order from the court pursuant to one of the\nforegoing provisions of law based on arrears in payment of child support\nor combined child and spousal support, the department, if it finds such\nperson to be so licensed, shall within thirty days of receipt of such\norder from the court, provide notice to the licensee of, and initiate, a\nhearing which shall be held by it at least twenty days and no more than\nthirty days after the sending of such notice to the licensee. The\nhearing shall be held solely for the purpose of determining whether\nthere exists as of the date of the hearing proof that full payment of\nall arrears of support established by the order of the court to be due\nfrom the licensee have been paid. Proof of such payment shall be a\ncertified check showing full payment of established arrears or a notice\nissued by the court, or the support collection unit where the order is\npayable to the support collection unit designated by the appropriate\nsocial services district. Such notice shall state that full payment of\nall arrears of support established by the order of the court to be due\nhave been paid. The licensee shall be given full opportunity to present\nsuch proof of payment from the court or support collection unit at the\nhearing in person or by counsel. The only issue to be determined by the\ndepartment as a result of the hearing is whether the arrears have been\npaid. No evidence with respect to the appropriateness of the court order\nor ability of the respondent party in arrears to comply with such order\nshall be received or considered by the department.\n (iii) Upon receipt of an order from the court based on failure to\ncomply with a summons, subpoena, or warrant relating to a paternity or\nchild support proceeding, the department, if it finds such person to be\nso
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