§ 398-e. Suspension, revocation or refusal to issue registration;\ncivil penalty; restitution; surrender of certificate of registration. 1.\nSuspension, revocation or refusal to issue registration or license. The\ncommissioner, or any person deputized by him, may deny the application\nof any person for a certificate of registration or estimator's license\nand may suspend or revoke the registration of any motor vehicle repair\nshop or any estimator's license issued pursuant to this article or\nrefuse to issue a renewal thereof if he determines that such applicant,\nregistrant or licensee:\n (a) has made a material false statement or concealed a material fact\nin connection with his application;\n (b) was the former holder of a certificate of registration issued\nhereunder which was revoked or suspended by the commissioner;\n (c) was, or that any officer, director, partner or stockholder holding\nmore than ten percent of the outstanding stock was an officer, director,\npartner or stockholder holding more than ten percent of the outstanding\nstock in a corporation or partnership, as the case may be, which was the\nformer holder of a certificate of registration issued hereunder which\nwas revoked or suspended by the commissioner;\n (d) has failed to furnish satisfactory evidence of good character,\nreputation and fitness;\n (e) does not have a place of business as required by this article;\n (f) is not the true owner of the repair shop, except in the case of a\nfranchise;\n (g) has been guilty of fraud or fraudulent or deceptive practices;\n (h) has been grossly negligent on two or more occasions within a\nperiod of two years in the performance of any repair or adjustment\ncovered by this article, or has grossly overcharged on two or more\noccasions within a period of two years for such repair or adjustment;\n (i) has wilfully failed to comply with any of the provisions of this\narticle or the rules and regulations of the commissioner promulgated\nhereunder;\n (j) has knowingly issued a false or misleading estimate;\n (k) has engaged in a course of conduct which unreasonably impedes or\ndelays a consumer's right to a fair recovery pursuant to the provisions\nof an automobile insurance policy, the insurance law or regulations\nissued by the superintendent of financial services governing the\nevaluation and adjustments of claims; or\n (l) has wilfully violated paragraph (b) of subdivision thirty-one,\nsubdivision thirty-one-a or subdivision thirty-one-b of section three\nhundred seventy-five of this chapter.\n For the purposes of paragraphs (g), (h), (i), (j) and (k) of this\nsubdivision, it shall be presumed that the actions of any employee of a\nmotor vehicle repair shop shall be attributable to, and deemed to be the\nactions of, such motor vehicle repair shop.\n 2. Civil penalty; suspension for failure to pay. (a) The commissioner,\nor any person deputized by him, may, by order, require a registrant or\nan unregistered repair shop to pay to the people of this state a penalty\nas hereinafter provided. Such penalty may be imposed in addition to or\nin lieu of revoking or suspending the certificate of registration of a\nregistrant in accordance with the provisions of this article, or such a\npenalty may be imposed upon a finding that a registrant or an\nunregistered repair shop: (i) has been grossly negligent in the\nperformance of any repair or adjustment covered by this article; or (ii)\nhas grossly overcharged for such repair or adjustment.\n (b) Such penalty for a first violation shall be in a sum not exceeding\nseven hundred fifty dollars for each violation found to have been\ncommitted, and for a second or subsequent violation not arising out of\nthe same incident both of which were committed within a period of thirty\nmonths, be in a sum of not more than one thousand dollars for each\nviolation found to have been committed; provided, however, the penalty\nfor each and any violation of paragraph (g) of subdivisi
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