N.Y. Comp. Codes R. & Regs. tit. 9 § 5102.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5102.15 - Application and employment after denial or revocation

(a) Any natural person whose application for a license is denied, or whose license is suspended or revoked by reason of a failure to satisfy the affirmative qualification criteria required by these regulations, or due to a finding by the commission that such person is disqualified, or both, may re-apply for such license at any time.

(b) Any natural person whose license application was denied, or whose license was suspended or revoked by the commission on the basis of any of the statutory or regulatory provisions in paragraphs (1) through (4) of this subdivision, may reapply for a license upon satisfaction of the relevant requirements specified below. If the denial, suspension or revocation is based upon two or more of such regulatory provisions, the commission shall permit reapplication only upon compliance with the requirements of this subdivision as to each such provision. Any person seeking to reapply pursuant to this subdivision shall file a certified petition stating with particularity how the specified requirements have been satisfied.

(1) Failure to demonstrate financial stability. Reapplication is permitted upon achieving financial stability.

(2) Failure to satisfy the age requirement. Reapplication is permitted upon attaining the requisite age or upon a commission finding that such age will be attained before the processing and approval of said reapplication has been completed.

(3) Pending disposition of a charge of a criminal offense if the lottery has determined to deny a license application or suspend or revoke a license while such charge is pending. Reapplication is permitted upon disposition of the pending charge.

(4) Any statutory or regulatory provision that is subsequently repealed or modified. Reapplication is permitted upon a showing that the subsequent repeal or modification of the statutory or regulatory provision obviates the grounds for denial or revocation and justifies the conclusion that the prior determination should not be a basis for denying a license application.

(c) Except as otherwise set forth in these regulations, any person whose application has been denied or whose license has been revoked may reapply upon submission of sufficient evidence demonstrating that the factual circumstances upon which the denial was based have been cured to the satisfaction of the commission.

(d) Any person whose license has been revoked may reapply upon submission of sufficient evidence demonstrating that the factual circumstances upon which the denial was based have been cured.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5102.15