Amendment of Rules Regarding Grounds for License Suspension and Revocation

Adopted Rules: Closed to Comments

Effective Date: 
Friday, March 1, 2019
Agency:
Keywords:
Download Copy of Adopted Rule (.pdf): 

 

Notice of Adoption

Notice of Adoption to add a new rule to implement Chapter 45-A of the New York City Charter, added by Local Law 47 for the Year 2016, relating to the Department’s licensing authority.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of Consumer Affairs by Sections 1043, 1049-b, 2203(c) and 2203(h)(1) of the New York City Charter, Section 20-104 of the New York City Administrative Code, and Section 3 of Local Law 47 of 2016, and in accordance with the requirements of Section 1043 of the New York City Charter, that the Department adds Section 1-20 to Chapter 1 of Title 6 of the Rules of the City of New York.  

This rule was proposed and published on November 5, 2018. A public hearing was held on December 5, 2018.

Statement of Basis and Purpose of Rule

The City Council enacted Local Law 47 for the Year 2016, adding a new Section 1049-b to Chapter 45-A of the New York City Charter that (i) permits city agencies that issue licenses, permits or registrations and issue notices of violation to deny an application for, or renewal of, any license, permit or registration and may suspend, terminate or revoke any license, permit or registration based on the failure to timely pay those civil penalties; (ii) directs such city agencies to promulgate rules to implement the authority granted by the Law; and (iii) instructs city agencies to explicitly include certain factors of consideration that shall be used to determine whether to deny, suspend, or revoke any license, permit or registration.

The Department of Consumer Affairs (“DCA”) adds this rule to implement the authority granted by Local Law 47.  Specifically, the rule establishes DCA’s power to deny a new or renewal application and to revoke, suspend, cancel, or terminate any license, permit or registration due to the non-payment of civil penalties imposed by OATH if a sister agency has provided DCA with the information necessary to do so.  Moreover, the rule outlines the factors that will be taken into consideration in making this determination, including the amount of time that has passed since the person failed to satisfy a judgment, the amount that is owed, and whether the person has committed a series of violations.