89-WWW - Violations and penalities.

§  89-www. Violations and penalties. 1. Any individual who is employed  as an armored car guard or who acts as an armored car guard in violation  of the provisions of this article or who knowingly and  willfully  makes  material  misstatements  in the application for or renewal of his or her  conditional letter of authority or registration card, as  the  case  may  be,  or  who permits or authorizes the employment of an individual as an  armored car guard in violation of the provisions of this article,  shall  be  guilty of a misdemeanor, which, upon conviction, shall be punishable  by a term of imprisonment not to exceed six months, or by a fine of  not  more  than  one thousand dollars, or by both such fine and imprisonment,  upon the first conviction, and by a term of imprisonment not  to  exceed  one  year, or by a fine of not less than one thousand dollars and not to  exceed two thousand five hundred dollars,  or  by  both  such  fine  and  imprisonment, upon a subsequent conviction.    2.  a.  Any holder who shall knowingly and willfully fail to surrender  his or her conditional letter of authority or registration  card  within  five  days of receipt of notice of suspension, revocation, or nonrenewal  thereof by the secretary, or the officer designated by the secretary  to  preside  over  the  hearing,  pursuant  to  the  provisions  of  section  eighty-nine-vvv of  this  article,  shall  be  guilty  of  a  violation,  punishable  by  a  fine  not  to  exceed  two  hundred fifty dollars, in  addition to any other penalty prescribed by law.    b. Notwithstanding the provisions of paragraph a of this  subdivision,  where  it is determined after a hearing that the holder has violated one  or more provisions of this article pursuant to paragraph c of sudivision  three of section eighty-nine-vvv of this article, the secretary may,  in  lieu  of revocation or suspension of the conditional letter of authority  or registration card of such holder, impose a fine  not  to  exceed  one  thousand dollars for each violation, payable to the department.    3. Each violation of this article shall be deemed a separate offense.    4.  Unless  otherwise provided under this article, all fees, fines and  penalties collected under this article shall be deposited to the  credit  of  the  licensing examinations services account established pursuant to  the provisions of section ninety-seven-aa of the state finance law.