Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.
In certain cases, the Department may ask for license suspension or revocation, as permitted by statute. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods shall run concurrently.
Unless otherwise specified by law, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within two years of the prior violation(s).
The parties shall be authorized to present evidence to mitigate the license revocation or suspension period within the date range marked by two asterisks (**).
Citation | Violation Description | First Violation | First Default | Second Violation | Second Default | Third and Subsequent Violation | Third and Subsequent Default |
Citation | Violation Description | First Violation | First Default | Second Violation | Second Default | Third and Subsequent Violation | Third and Subsequent Default |
Admin. Code § 20-541(a) | Operating as a car wash without a license | $100 per day | $100 per day | $100 per day | $100 per day | $100 per day | $100 per day |
Admin. Code § 20-542 | Failure to comply with requirements pertaining to surety bonds | $375 | $500 | $450 | $500 | $500 | $500 |
Admin. Code § 20-544 | Failure to comply with requirements pertaining to records, or make records available for inspection | $375 (plus 0 to 15 day suspension)** | $500 (plus 15 day suspension) | $450 (plus 0 to 30 day suspension)** | $500 (plus 30 day suspension) | $500 (plus revocation)** | $500 (plus revocation) |
Admin. Code § 20-545(c) | Knowingly submits false information as part of license application or in response to other request for information | $750 (plus 0 to 15 day suspension)** | $1,000 (plus 15 day suspension) | $900 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus revocation) | $1,000 (plus revocation) |
6 RCNY § 2-431(a) | Failure to comply with requirements pertaining to liability insurance | $375 (plus 0 to 15 day suspension)** | $500 (plus 15 day suspension) | $450 (plus 0 to 30 day suspension)** | $500 (plus 30 day suspension) | $500 (plus revocation)** | $500 (plus revocation) |
6 RCNY § 2-431(b) | Failure to comply with requirements pertaining to workers' compensation insurance | $375 (plus 0 to 15 day suspension)** | $500 (plus 15 day suspension) | $450 (plus 0 to 30 day suspension)** | $500 (plus 30 day suspension) | $500 (plus revocation)** | $500 (plus revocation) |
6 RCNY § 2-431(c) | Failure to comply with requirements pertaining to disability benefits insurance | $375 (plus 0 to 15 day suspension)** | $500 (plus 15 day suspension) | $450 (plus 0 to 30 day suspension)** | $500 (plus 30 day suspension) | $500 (plus revocation)** | $500 (plus revocation) |
6 RCNY § 2-431(d) | Failure to comply with requirements pertaining to unemployment insurance | $375 (plus 0 to 15 day suspension)** | $500 (plus 15 day suspension) | $450 (plus 0 to 30 day suspension)** | $500 (plus 30 day suspension) | $500 (plus revocation)** | $500 (plus revocation) |
6 RCNY § 2-431(e) | Failure to notify DCA of insurance cancellation or termination | $375 (plus 0 to 15 day suspension)** | $500 (plus 15 day suspension) | $450 (plus 0 to 30 day suspension)** | $500 (plus 30 day suspension) | $500 (plus revocation)** | $500 (plus revocation) |
6 RCNY § 2-431(f) | Failure to furnish proof of continued coverage and/or copy of required policy upon request | $375 (plus 0 to 15 day suspension)** | $500 (plus 15 day suspension) | $450 (plus 0 to 30 day suspension)** | $500 (plus 30 day suspension) | $500 (plus revocation)** | $500 (plus revocation) |
Failure to comply with requirements pertaining to surety bonds | $375 (plus 0 to 15 day suspension)** | $500 (plus 15 day suspension) | $450 (plus 0 to 30 day suspension)** | $500 (plus 30 day suspension) | $500 (plus revocation)** | $500 (plus revocation) | |
6 RCNY § 2-432(e) | Failure to maintain surety bond in amount required throughout license term | $375 (plus 0 to 15 day suspension)** | $500 (plus 15 day suspension) | $450 (plus 0 to 30 day suspension)** | $500 (plus 30 day suspension) | $500 (plus revocation)** | $500 (plus revocation) |
6 RCNY § 2-433 | Failure to comply with requirements pertaining to damage complaint records | $375 | $500 | $450 | $500 | $500 | $500 |
6 RCNY § 2-434(c) | Failure to comply with requirements pertaining to providing updated information to the Department concerning vehicles used for mobile car wash services
| $375 (plus 0 to 15 day suspension)** | $500 (plus 15 day suspension) | $450 (plus 0 to 30 day suspension)** | $500 (plus 30 day suspension) | $500 (plus revocation)** | $500 (plus revocation) |
6 RCNY § 2-434(d) | Failure to comply with requirements to display license in vehicle used for mobile car wash services
| $375 | $500 | $450 | $500 | $500 | $500 |
(Added City Record 4/26/2018, eff. 5/26/2018; amended City Record 1/28/2020, eff. 2/27/2020)