N.Y. Comp. Codes R. & Regs. tit. 15 § 82.17

Current through Register Vol. 46, No. 24, June 12, 2024

Section 82.17 - Unregistered, suspended or revoked repair shops

(a) Any allegation that a person has operated a repair shop without being registered, or while the registration is suspended or revoked shall be determined by the commissioner or his designee pursuant to section 82.14 of this Part. The commissioner shall bring charges of unregistered, suspended or revoked operation within two years of the date of the alleged occurrence.

(b) Except as provided in subdivision (c) of this section, any person who operates a repair shop without being registered shall be required to pay to the people of this State a civil penalty in the sum of $1,000. However, any such person against whom such penalty has been assessed may avoid all but $500 of such penalty by obtaining a registration as required by this Part, provided that application for such registration is made not more than 10 days after the imposition of such penalty.

(c)

(1) Any person who operates a repair shop while his repair shop registration is revoked or suspended, shall pay to the people of this State a civil penalty in the sum of $1,000. Such civil penalty may not be avoided.

(2) Any person who operates a repair shop without being registered and who has previously had a civil penalty assessed for unregistered operation shall pay to the people of this State a civil penalty in the sum of $1,000. Such civil penalty may not be avoided.

(d)

(1) If it is determined that a person has operated a repair shop without being registered, such determination may be appealed to the review board established pursuant to section 82.16 of this Part. The procedure established in section 82.15 of this Part shall apply to such appeals provided that no appeal shall be accepted or determined by the review board unless the civil penalty assessed against such person has been paid as prescribed in subdivision (b) of this section.

(2) The requirement that the civil penalty be paid before an appeal can be accepted or determined by the review board shall not apply to an appeal by a repair shop from a determination made pursuant to subdivision (c) of this section.

(3) If the review board finds that the person has not been operating a repair shop without being registered, any civil penalty which has been paid shall be refunded, and if such board determines that registration as a repair shop is not required, and a registration has been obtained to avoid the civil penalty assessed, the registration shall be canceled and all fees paid for such registration shall be refunded.

(e) An award of restitution may be granted in favor of a complainant against an unregistered repair shop in the same manner and for the same reasons as if the unregistered repair shop were a registered repair shop.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.17