What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Committee discharged and committed to cities
- Referred to local government
- Referred to local government
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Authorizes the N.Y. city department of consumer affairs to adjudicate violations of the laws that it enforces pursuant to rules promulgated by its commissioner
In Assembly Committee · Cities · Sponsor James F. Brennan
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the county law, the New York city charter and the administrative code of the city of New York, in relation to the adjudication of violations of laws enforced by the New York city department of consumer affairs
Purpose
The bill would amend the New York City Charter by adding a new Section 2203-a which would authorize the Commissioner of Consumer Affairs to: (1) conduct administrative hearings to adjudicate violations of any laws or rules which are within DCA's enforcement jurisdiction; (2) specify the content and method of service of notices of violation that are sufficient to initiate such hearings; (3) impose civil penalties of up to $500 per violation (except to the extent that penalties are otherwise specifically provided); and (4) authorize the Commissioner to docket final orders as if they were civil money judgments and specify the notice to be provided prior to docketing default decisions. The bill would also amend the County Law to make conforming changes to state law relating to the docketing of final orders. Lastly, the bill amends the Administrative Code of the City of New York, to include as a "deceptive practice", punishable by a monetary fine, the failure by proprietors or owners of any shop, store or other establishment or service to publicly reveal and display in English, the proper name of their place of business. Under current law (Gen. Bus. Law .131) the failure to publicly reveal and display a sign in English is punishable by a misdemeanor.
Justification
The New York City Department of Consumer Affairs ("DCA") is responsible for enforcing various state and local consumer protection laws, including the New York City License Enforcement Law; Article 16 of the New York State Agriculture and Markets Law; and the New York City Consumer Protection Law. Any licensee charged with violating any of these laws is accorded due notice and an opportunity to be heard and to be represented by counsel at an administrative hearing held at DCA.
Read the full memo (765 words)
While businesses that do not require licenses are given an opportunity to resolve violations of laws within DCA's enforcement jurisdiction through informal settlement discussions, they are not afforded an actual hearing before an impartial fact finder. When DCA opts not to pursue a court action on unresolved violations, a business has no way to clear itself of an outstanding violation, which becomes a matter of public record.
By authorizing DCA to hold administrative hearings on all violations of laws it enforces, this bill would afford respondents and opportunity to resolve disputed violations before an impartial tribunal, This administrative tribunal would also make it possible to resolve such disputes more quickly and efficiently than through the current, protracted state court proceedings that must otherwise be used to enforce such laws. Authorizing DCA to exercise its hearing authority in all cases involving violations of laws within its jurisdiction would also level the playing field for all businesses subject to those laws. Doing so also permits DCA of Consumer Affairs to enforce its laws more effectively and at a reduced cost to both businesses and the City.
Finally, this legislation would also strengthen and streamline DCA's efforts to collect the fines that have been duly assessed against violators. It would do something by authorizing DCA to docket and enforce its decisions like court judgments without having to engage in further time consuming and costly legal proceedings. This docketing authority would also create a more level playing field for licensed and unlicensed business regarding the collection of fines for all violation of laws enforces by DCA. DCA now can refuse to renew, and in some cases may revoke, the licenses of businesses that fail to pay fines that have been imposed. The license, for all intents and purposes, thereby confers collection leverage against licensees. Since that collection leverage is unavailable with respect to unlicensed businesses, they gain an advantage by avoiding payment. Licensed businesses do not have such an advantage, Unlicensed businesses who have violated the law should not be able to avoid punishment merely because the extra costs incurred to collect the penalty are too burdensome to make it fiscally prudent to do so.
DCA estimates that based on a review of uncollected fines that have been assessed over the last three fiscal years, the authority to docket decisions would have enabled DCA to have collected $1,094,464 in fines assessed in those years.
Legislative history
S.64 of 2007-08; S.321 of 2005-06; S.50 of 2003-04; S.7319-A of 2001-02.
Fiscal implications
None to the State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.