Unless otherwise specified, the penalties set forth for each section of law or rule 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 constitutes 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 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).
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 § 20-403 | Operated as an unlicensed process server or process serving agency. | $100 per day | $100 per day | $100 per day | $100 per day | $100 per day | $100 per day |
Admin. Code § 20-406.2 | Failure to comply with the responsibilities of process serving agencies | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
Admin. Code § 20-406.3 | Failure to maintain proper records | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
Admin. Code § 20-410 | Failure to maintain electronic record of service | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-233 | Failure to comply with recordkeeping requirements | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-233b | Failure to comply with global positioning system recordkeeping requirements | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-234 | Failure to comply with all federal, state and municipal laws, rules, regulations and requirements | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-234a | Failure to comply with the duties of process serving agencies | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-234b | Failure to comply with the duty of process servers to report agencies that assign service | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-235 | Improper preparation or maintenance of affidavit of service | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-236 | Failure to comply with the duty to report hearings contesting service | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-237 | Improper wearing of insignia | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-238 | Improper use of ZIP codes
| $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-239 | Failure to comply with email requirements
| $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-240 | Failure to comply with audit requirements
| $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
(Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 5/11/2020, eff. 6/10/2020; amended City Record 9/23/2022, eff. 10/23/2022)