N.Y. Comp. Codes R. & Regs. tit. 15 § 82.4

Current through Register Vol. 46, No. 19, May 8, 2024

Section 82.4 - Suspension, revocation or refusal to issue registration

(a) The commissioner, or any person deputized by him, may deny the application of any person for a certificate of registration and may suspend or revoke the registration of any motor vehicle repair shop or refuse to issue a renewal thereof if he determined that such applicant or registrant:

(1) has made a material false statement or concealed a material fact in connection with his application;

(2) was the former holder of a certificate of registration issued hereunder which was revoked or suspended by the commissioner;

(3) was, or that any officer, director, partner or stockholder holding more than 10 percent of the outstanding stock was an officer, director, partner or stockholder holding more than 10 percent of the outstanding stock in a corporation or partnership, as the case may be, which was the former holder of a certificate of registration issued hereunder which was revoked or suspended by the commissioner;

(4) has failed to furnish satisfactory evidence of good character, reputation and fitness;

(5) does not have a place of business as required by this Part;

(6) is not the true owner of the repair shop, except in the case of a franchise or lease;

(7) has been guilty of fraud or fraudulent or deceptive practices;

(8) has within a two-year period, been grossly negligent on two or more occasions in the performance of any repair or adjustment covered by the act or this Part, or, within a two-year period, has grossly overcharged on two or more occasions for such repair or adjustment;

(9) has willfully failed to comply with any of the provisions of the act or the rules and regulations of the commissioner promulgated thereunder;

(10) has knowingly issued a false or misleading estimate; or

(11) has engaged in a course of conduct which unreasonably impedes or delays a consumer's right to a fair recovery pursuant to the provisions of an automobile insurance policy, the Insurance Law or regulations issued by the Superintendent of Insurance governing the evaluation and adjustments of claims.

(b) For the purposes of paragraphs (a)(7)-(11) of this section, it shall be presumed that the actions of any employee of a motor vehicle repair shop shall be attributable to, and deemed to be the actions of, such motor vehicle repair shop.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.4