Loading...
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.
1. In addition to any other powers of the commissioner, and not in limitation thereof, the commissioner shall have the power to enforce the provisions of this subchapter, to investigate any violation thereof, and to investigate the business, business practices and business methods of any person who is or may be subject to this subchapter, if in the opinion of the commissioner, such investigation is warranted. Each person shall be obliged upon the request of the commissioner, to supply such information as may be required concerning the business, business practices or business methods or the proposed business practices or business methods.
2. For the purpose of enforcing the provisions of this subchapter and in conducting investigations relating to any violation thereof, and for the purpose of investigating the character, competence and integrity of any person who is or may be subject to this subchapter, and the business, business practices and business methods thereof, the commissioner, or commissioner's designee shall have the power to compel the attendance of witnesses and the production of books and records, in accordance with the provisions of the civil practice law and rules. However, no information supplied by any person at the request of the commissioner concerning his or her business, business practices or business methods, or proposed business practices or methods shall be disclosed, except as may be necessary for the purpose of enforcing the provisions of this subchapter.
3. The commissioner may establish and properly equip an electronic or home appliance laboratory for the purpose of testing the competence and integrity of licensed service dealers, whenever complaints against such licensees would indicate the necessity or advisability for such testing, and such laboratory may be further used in the necessary investigations that may be conducted by the commissioner in connection with the proper administration and enforcement of the provisions of this subchapter and the rules adopted thereunder.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.
This subchapter shall not apply to any of the following:
1. the government of the United States or any department or agency thereof;
2. any school, public or private, offering as part of a vocational education program, courses and training in repair service and the instructors and teachers thereof; provided the exclusion granted herein shall be applicable only to repair service rendered in and as part of a regularly constituted vocational education program and when such repair service is not offered to the public for compensation or other consideration.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.
Subchapter 25: Products for the Disabled; Sale, Rental, Repair and Servicing
Loading...