Denial or revocation of license; hearing

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3-449.02. Denial or revocation of license; hearing

A. In determining whether to refuse to issue a license, the associate director shall consider:

1. The facts and circumstances surrounding a prior denial or revocation in any state and the date of the prior denial or revocation.

2. The financial condition of the applicant as of the date of the application.

3. Any outstanding judgments against the applicant.

4. Previous violations of this article and rules adopted pursuant to this article by any person who is an officer, director, member or trustee of the applicant.

5. Fraudulent, misleading or incomplete statements in the application.

6. Any other facts the associate director considers necessary to determine the qualifications of the applicant.

B. The associate director may revoke a license if the licensee commits any of the following acts:

1. Fails or refuses within a reasonable time to render a true account of sale, to make a proper settlement of the account or to pay for citrus fruit, fruit or vegetables received.

2. Fails or refuses to pay assessment fees, penalties or interest due and owing under this article and rules adopted pursuant to this article for a period of four months.

3. Knowingly makes false or misleading statements as to the condition of any citrus fruit, fruit or vegetable.

4. Makes fraudulent charges or returns for handling or selling any citrus fruit, fruit or vegetable or for rendering any service in connection with handling or selling any citrus fruit, fruit or vegetables.

5. Makes fraudulent or misleading statements to obtain a license.

6. Reconsigns a consignment to receive, collect or charge more than one commission without the consent of the consignor.

7. Any violation of section 3-466.

C. A person whose license has been denied or revoked may request a hearing pursuant to title 41, chapter 6, article 10.


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