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The biennial fee for a license or a renewal thereof shall be three hundred and forty dollars.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.
a. Any person who violates any provision of this subchapter or any rules promulgated pursuant to this subchapter shall be subject to a civil penalty of: (i) one hundred seventy-five dollars for the first violation; (ii) three hundred dollars for the second violation; and (iii) five hundred dollars for the third and any subsequent violation.
b. Notwithstanding subdivision a of this section, a person shall be subject to a civil penalty of zero dollars for a first violation of subdivision 6 of section 20-417 of this subchapter or any rule or regulation promulgated thereunder if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision 6 of section 20-417 of this subchapter or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.
c. Notwithstanding subdivision a of this section, the civil penalty for a violation of subdivision 7 of section 20-417 or any rule promulgated pursuant thereto shall be five hundred dollars.
(L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.
1. All work done by a service dealer shall be recorded on an invoice which shall contain the license number and such other detail as may be required by regulations promulgated by the commissioner. The invoice shall fully, separately and clearly describe all service work performed, all parts supplied, the date or dates thereof, and all charges made and the computations thereof. One copy of the invoice shall be delivered to the customer and one copy shall be retained by the service dealer for a period of at least three years from the date of such delivery.
2. The service dealer shall return all replaced parts to the customer, except such parts as may be exempted from this requirement by regulations of the commissioner and except such parts as the service dealer requires for return to the manufacturer or distributor under a warranty arrangement.
3. The service dealer shall comply with regulations promulgated by the commissioner setting forth requirements for estimates or the making of such estimates and shall inform the customer as to the cost thereof prior to rendering same.
4. A service dealer shall not make the remuneration, salary, wage, or other compensation of any employee, partner, officer or member contingent or dependent upon, or in any manner determined by the value, price, quantity or type of parts replaced, upon any apparatus serviced or repaired by any person required to be licensed by this subchapter.
5. A service dealer shall maintain such additional records as are required by regulations adopted by the commissioner to carry out the provisions of this subchapter. Such records shall be open and available for reasonable inspection by the commissioner or other law enforcement officials, and shall be kept for a period of three years.
6. A service dealer shall display in the area where electronic and home appliances are accepted for repair a sign that contains the identity of the service dealer, informs the customer of the customer's right to a written estimate of all repairs and indicates that no repair work may be done without the customer's authorization, in addition to any other information required by the commissioner. The commissioner shall promulgate such regulations as the commissioner determines necessary and appropriate for the proper implementation and enforcement of this subdivision.
7. A licensee shall at all times carry insurance which in the opinion of the commissioner is adequate to protect the public. The commissioner shall promulgate such regulations as the commissioner determines necessary and appropriate for the proper implementation and enforcement of this subdivision.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
No license may be denied for failure to meet any requirement established by this subchapter or by the commissioner without a hearing.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.
In addition to any powers of the commissioner, and not in limitation thereof, a license required pursuant to this subchapter may be suspended or revoked or issuance or renewal thereof denied by the commissioner, and the licensee may be fined pursuant to subdivision e of section 20-104 of chapter one of this title, upon a determination made by the commissioner or the commissioner's designee after due notice and hearing, that an applicant or a licensee, any of its principals, officers or directors, or any of its stockholders owning more than ten percent of the outstanding stock of the corporation:
(a) has practiced fraud or misrepresentation upon a customer;
(b) has practiced fraud or misrepresentation in establishing his or her qualifications for a license under this subchapter;
(c) has aided or abetted another in practicing fraud or misrepresentation upon a customer or in establishing qualifications for a license under this subchapter;
(d) has engaged in or has aided or abetted another in engaging in untrue, misleading or deceptive advertising, or unlawful selling practices as defined by the laws of this state, municipality or other local governmental unit within which such advertising or practices occurred;
(e) is incompetent or untrustworthy and is thereby unfit to discharge the responsibilities of a licensee;
(f) has failed upon request to render to the customer an itemized bill, in writing, containing such details as may be required by the rules of the department;
(g) has been convicted of a crime which, in the judgment of the commissioner, has a direct relationship to such person's fitness or ability to perform any of the activities for which a license is required under this subchapter or has been convicted of any other crime which, in accordance with article twenty-three-a of the correction law, would provide a justification for the commissioner to refuse to issue or renew, or to suspend or revoke, such license;
(h) has violated any of the provisions of this title, subchapter or the rules promulgated thereunder, or has knowingly caused, permitted, aided or abetted another in committing such violation.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.
1. The commissioner shall receive complaints from the public against any person issued a license pursuant to this subchapter.
2. The commissioner shall make a summary investigation of the facts.
3. After investigation, the commissioner may advise the licensee of the contents of the complaint and may recommend measures that would compensate the complainant for any damages suffered as a result of the conduct of the licensee or make recommendations which otherwise may reasonably dispose of the complaint. If the licensee accepts the commissioner's recommendations and performs accordingly, such fact shall be given due consideration in any subsequent disciplinary proceedings instituted by the commissioner. If the licensee declines to accept the recommendations of the commissioner and to perform accordingly, the commissioner may investigate further or may institute a departmental hearing with respect to the complaint, and may thereafter require the licensee to make proper restitution to the complainant and may also take such disciplinary action as provided in this subchapter.
4. If the licensee accepts the recommendations of the commissioner and is willing to perform accordingly, but the complainant refuses to accept such recommendations, the commissioner shall not be required to take further action with respect to the complaint.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.
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