Sec. 1210.20. Suspension and revocation of certifications

(a) The Department of State may revoke or suspend the certification of a person or business entity certified pursuant to article 21-B if the Department of State determines:

(1) that such person or business entity has committed a substantial violation of any provision of article 21-B or of this Part;

(2) that such person or business entity has made a material misstatement in any application for certification or in any application for renewal of certification;

(3) that such person or business entity has committed fraud or engaged in fraudulent practices;

(4) that such person or business entity has engaged in dishonest or misleading advertising;

(5) that such person or business entity has demonstrated untrustworthiness or incompetency to conduct the certified activity;

(6) that such person or business entity has failed to pay any civil penalty levied or assessed against such person or business entity pursuant to article 21-B or this Part, or has failed to pay or has otherwise failed to comply with any article 21-B order made against such person or business entity, or has failed to pay or has otherwise failed to satisfy any article 21-B judgment entered against such person or business entity;

(7) that such person or business entity does not satisfy or has ceased to satisfy the financial responsibility requirements set forth in section 1210.4 (Standards for certification as a manufacturer), 1210.5 (Standards for certification as a retailer), 1210.6 (Standards for certification as an installer), or 1210.7 (Standards for certification as a mechanic) of this Part, as applicable; (or, in the case of a person holding a limited certificate, that the employer named in such person's limited certificate does not satisfy or has ceased to satisfy the financial responsibility requirements set forth in said section 1210.4, 1210.5, 1210.6, or 1210.7 of this Part, as applicable);

(8) that any deposit account control agreement, letter of credit, or surety bond provided by such person or business entity for the purpose of satisfying the financial responsibility requirements applicable to such person or business entity (or, in the case of a person holding a limited certificate, that the deposit account control agreement, letter of credit, or surety bond provided by such person's employer for the purpose of satisfying the financial responsibility requirements applicable to such employer) is not, or has ceased to be, an acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond, as the case may be, for any reason;

(9) that such person or business entity, if certified as a manufacturer, is not approved or has ceased to be approved by the United States Department of Housing and Urban Development to construct manufactured homes; or

(10) that such person or business entity, if subject to section 1210.13(a) or (b) (Continuing education requirements) of this Part, has failed to comply with the applicable provisions of such subdivisions.

(b) For the purposes of paragraph (a)(8) of this section, the events which shall cause a deposit account control agreement to cease to be an acceptable deposit account control agreement, shall include, but shall not be limited to the following:

(1) the bankruptcy or insolvency of the bank with which the deposit account evidenced by such deposit account control agreement is maintained;

(2) the termination of such bank's authority to do banking business in the State of New York;

(3) the reduction of the balance of funds in the deposit account evidenced by such deposit account control agreement below the applicable minimum for any reason; or

(4) the invalidity, non-perfection, or loss of priority of the Department of State's security interest in such deposit account for any reason.

(c) For the purposes of paragraph (a)(8) of this section, the events which shall cause a letter of credit to cease to be an acceptable letter of credit, shall include, but shall not be limited to the following:

(1) the expiration of the term of such letter of credit and the failure of such term to be extended;

(2) the receipt by the Department of State of notice of an election by the issuer of such letter of credit not to extend the term of such letter of credit;

(3) the bankruptcy or insolvency of the issuer of such letter of credit;

(4) the termination of such issuer's authority to do business in the State of New York and/ or issue letters of credit in the State of New York; or

(5) the reduction in the amount available under such letter of credit below the applicable minimum for any reason.

(d) For the purposes of paragraph (a)(8) of this section, the events which shall cause a surety bond to cease to be an acceptable surety bond, shall include, but shall not be limited to the following:

(1) the expiration of the term (if any) of such surety bond;

(2) the receipt by the Department of State of notice of an election by the surety to terminate such surety bond;

(3) the bankruptcy or insolvency of the surety;

(4) the termination of the surety's authority to do business in the State of New York and/or to issue surety bonds in the State of New York; or

(5) the reduction in the amount available under such surety bond below the applicable minimum for any reason.

(e) Part 400 of this Title shall apply to any proceeding to revoke or suspend a certification pursuant to this section. For the purposes of applying Part 400 of this Title to any such proceeding, the term license shall be deemed to include a certification.