7.09.060 Suspension, Revocation and Surrender of License

(a) The Compliance Department may, after providing the licensee a Notice of Violation or Noncompliance and an opportunity to be heard, suspend or revoke any license upon a finding that:

(1) The licensee, either knowingly or negligently violated this regulation or aided or conspired with another person to violate this regulation;

(2) A condition exists, that had it existed when the license was issued, would have justified the Saint Regis Mohawk Tribe's refusal to issue a license;

(3) The licensee or its agents or employees who are subject to the eligibility requirements no longer meet the eligibility requirements to hold a pawnbroker's license;

(4) The licensee has through gross negligence or willful noncompliance, failed to comply with a written hold request made by an appropriate law enforcement official.

(b) The Compliance Department may conditionally license, reprimand or place on probation a person whose license has been suspended for a violation of this regulation.

(c) A Notice of Noncompliance or Violation shall be mailed by certified or registered mail to the licensee or may be hand-delivered by an officer of the Compliance Department who shall fill out and sign a declaration that such notice was delivered.

(d) An opportunity to be heard shall consist of a meeting with the Director of Compliance wherein the licensee may present any evidence, which may contradict or otherwise give cause for the Compliance Department to re-evaluate the notice of violation or noncompliance issued. After such meeting, the Compliance department, if appropriate, shall issue a Determination of Violation or Noncompliance and shall assess the appropriate fines or penalties.

(e) Any licensee may surrender a license by delivering it by hand or by mailing it certified or registered mail to the Compliance Department with written notice of its surrender. All operation of the licensee's pawnshop shall cease immediately upon the mailing or delivery of the notice of surrender. The surrender of a license does not affect the civil or criminal liability of the licensee for acts committed before the surrender of the license.

(f) The revocation, suspension or surrender of a license does not impair or affect the obligation of any pre-existing lawful contract between the licensee and any pledgor. Any pawn transaction made by a person without benefit of a license is voidable, in which case, the person forfeits the right to collect any money, including principal, interest and charges, from the pledgor and is obligated to return to the pledgor the pledged goods.

(g) The Compliance Department may reinstate a suspended license or issue a new license to a person whose license had been revoked if it determines that no fact or condition exists that would have justified the Compliance Department in originally refusing to issue a license.

(h) Any determination of the Compliance Department is appealable to the Saint Regis Mohawk Tribal Council, upon written request. The decision of the Saint Regis Mohawk Tribal Council in any matter appealed from the Compliance Department is final and is not subject to further appeal.