Bill Text: NY A02155 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the temporary suspension of a repair shop registration or license and the jurisdiction of repair shop appeals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-14 - enacting clause stricken [A02155 Detail]
Download: New_York-2019-A02155-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2155 2019-2020 Regular Sessions IN ASSEMBLY January 22, 2019 ___________ Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the tempo- rary suspension of a repair shop registration or license, jurisdiction of repair shop appeals, and to repeal subdivisions 2 and 4 of section 398-f of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 261 of the vehicle and traffic 2 law, as amended by chapter 517 of the laws of 2007, is amended to read 3 as follows: 4 1. Right of appeal. Whenever a license, certificate, permit or any 5 privilege is denied, suspended or revoked by the commissioner pursuant 6 to this chapter, except where such action is based upon a conviction as 7 a result of which such action is required by statute or is based upon a 8 determination rendered under the provisions of article two-A of [the9vehicle and traffic law] this title, the holder thereof may appeal such 10 determination pursuant to the provisions of this article and such regu- 11 lations as may be promulgated by the commissioner. In addition, follow- 12 ing an adjudicatory proceeding conducted pursuant to section four 13 hundred seventy-one-a of this chapter, an aggrieved party may appeal the 14 commissioner's decision pursuant to the provisions of this article and 15 such regulations as may be promulgated by the commissioner. [Notwith-16standing the provisions of this subdivision, appeals from determinations17made pursuant to article twelve-A of this chapter shall be governed in18accordance with the provisions of that article.] 19 § 2. Paragraph (b) of subdivision 1 of section 398-f of the vehicle 20 and traffic law, as added by chapter 641 of the laws of 1975, is amended 21 to read as follows: 22 (b) No certificate of registration shall be suspended or revoked, 23 penalty imposed or determination of gross negligence or gross overcharg- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00453-01-9A. 2155 2 1 ing made as provided for pursuant to paragraph (h) of subdivision one of 2 section three hundred ninety-eight-e of this article, until such regis- 3 trant shall have been given the opportunity to be heard, upon written 4 notice to the registrant, before an officer or employee of the depart- 5 ment designated for such purpose by the commissioner, provided, however, 6 that where a notice of hearing is mailed to a registrant at the address 7 shown in the records of the department and such registrant fails to 8 attend such hearing, the commissioner may suspend such registration 9 pending the [registrants] registrant's attendance at such hearing. 10 Requests for adjournment of such hearings shall be granted in accordance 11 with regulations promulgated by the commissioner. A suspension pending 12 attendance at a hearing shall not be appealable. Provided, however, 13 that a certificate of registration may be temporarily suspended upon 14 written notice of temporary suspension delivered by certified mail to 15 the registrant pending any prosecution, investigation or hearing involv- 16 ing an allegation of any conduct on the part of the registrant in 17 violation of the provisions of paragraph (g), (h), (j), or (k) of subdi- 18 vision one of section three hundred ninety-eight-e of this article. The 19 written notice of temporary suspension shall provide that the temporary 20 suspension is effective seventy-two hours after mailing of such notice 21 and that a hearing be scheduled within ten days after the effective date 22 of the temporary suspension. 23 § 3. Subdivision 2 of section 398-f of the vehicle and traffic law is 24 REPEALED. 25 § 4. Subdivision 3 of section 398-f of the vehicle and traffic law, as 26 added by chapter 641 of the laws of 1975, paragraph (a) and subparagraph 27 2 of paragraph (b) as amended by chapter 448 of the laws of 1995, and 28 subparagraphs 1 and 5 of paragraph (b) as amended by chapter 450 of the 29 laws of 1996, is amended to read as follows: 30 3. Appeals. (a) The [review] appeals board established pursuant to 31 article three-A of this chapter will review and determine all appeals 32 filed pursuant to this article. Such determination may be to affirm, 33 reverse or modify the initial determination of the hearing officer, or 34 to remand the case for a further hearing to determine additional facts. 35 Any review by such board shall be based solely on the record upon which 36 the initial determination is made and upon any written brief which may 37 be submitted by or on behalf of the applicant or registrant. 38 (b) (1) Whenever a certificate of registration is suspended or 39 revoked, an application for such registration denied, determination of 40 gross negligence or gross overcharging made, the sealing of a premises 41 ordered or penalty imposed by the commissioner pursuant to this article, 42 except where such action is required by statute based upon a conviction, 43 the registrant, applicant, or owner of the premises as such term is 44 defined in paragraph (a) of subdivision five-a of section three hundred 45 ninety-eight-i of this article may appeal such determination pursuant to 46 the provisions of [this] article three-A of this chapter and such regu- 47 lations as may be promulgated by the commissioner. 48 (2) [No appeal shall be reviewed unless it is submitted within sixty49days after written notice of the determination appealed from is mailed50to the registrant or applicant.51(3) Any person desiring to appeal pursuant to this article shall do52so in a form and manner as provided by regulations promulgated by the53commissioner. The transcript of any hearing will only be reviewed if it54is submitted by the appellant who shall bear the expense of furnishing55such transcript.A. 2155 3 1(4) The fee for filing an appeal shall be ten dollars. No appeal2shall be deemed filed or submitted unless any required fee has been3paid.4(5)] The submission of a written request to file such an appeal shall 5 stay the operation of the initial determination until after a review is 6 had and a determination has been made; provided, however, that failure 7 to timely submit such appeal and comply with the provisions of this 8 subdivision shall remove the stay imposed by this paragraph. Such 9 review shall be made and decided as expeditiously as possible; provided 10 that an appeal of an order directing the sealing of the premises pursu- 11 ant to subdivision five-a of section three hundred ninety-eight-i of 12 this article shall, to the extent possible, be given priority over all 13 other appeals filed pursuant to this article. 14 (c) Whenever the same facts give rise to a hearing involving any 15 other license or registration issued by the commissioner, a combined 16 hearing may be held. [If the registrant appeals only from a determi-17nation made with respect to his repair shop registration, he shall be18entitled to a review as provided in subdivision one of this section;19however, if he appeals from any determination or determinations made20with respect to any other license or registration, as well as a determi-21nation with respect to his repair shop registration, the appeals proce-22dure established in article three-A of this chapter shall be followed in23lieu of the procedure established in subdivision three of this section.] 24 § 5. Subdivision 4 of section 398-f of the vehicle and traffic law is 25 REPEALED. 26 § 6. Paragraph (a) of subdivision 4 of section 398-i of the vehicle 27 and traffic law, as added by chapter 891 of the laws of 1977, is amended 28 to read as follows: 29 (a) If it is determined that a person has operated a repair shop with- 30 out being registered as required by this article, such determination may 31 be appealed to the [review] appeals board established pursuant to 32 [section three hundred ninety-eight-f of this chapter. The procedure33established in such section shall apply to such appeals] article three-A 34 of this chapter provided that no appeal shall be accepted or determined 35 by the [review] appeals board unless the civil penalty assessed against 36 such person has been paid as prescribed in subdivision two of this 37 section. 38 § 7. This act shall take effect immediately, except that sections one, 39 three, four, five, and six shall take effect on the thirtieth day after 40 it shall have become a law and shall apply to appeals pending before the 41 repair shop review board.
