Notice of Adoption - Penalty Schedule

Adopted Rules: Closed to Comments

Effective Date: 
Thursday, May 21, 2020
Agency:
Keywords:
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Rule

 

The Department of Consumer Affairs (“DCA” or “Department”) is making amendments to conform the Department’s penalty schedules to other sections of the Rules and to the Administrative Code.  These amendments affect the penalty schedules related to electronic cigarette retail dealers, sidewalk stands, electronic stores, etching acid, motorized scooters, employment agencies, air conditioning prohibitions, and bail bond agents.  Specifically, the Department is:

  • Amending the electronic cigarette retail dealer penalty schedule to implement Local Law 228 of 2019, which prohibits the sale of flavored electronic cigarettes and flavored e-liquids.  The penalties for these new violations are found in section 17-716(b) of the Administrative Code.  (Section 1).
  • Amending the sidewalk stands penalty schedule to add violations relating to newsstands that exist in the Administrative Code and Rules but are currently missing from the penalty schedule.  (Section 2).
  • Reducing the penalty amounts for violations of section 20-485.5(b) of the Administrative Code relating to electronic stores.  Currently, the penalty schedule in section 6-35 of the Rules provides for maximum penalties of $500 for all 20-485.5 violations.  However, 20-485.5(b) states that “the civil penalties imposed for a violation of this subdivision shall be those provided for violations of section 20-708 of this title.”  The penalties for violations of section 20-708, provided by section 20-711, are a maximum of $250.  (Section 3).
  • Changing the recidivism period from two years to one year for violations related to etching acid.  Currently, the penalty schedule in section 6-40 of the Rules provides for a recidivism period of two years.  However, section 20-616 of the Administrative Code provides for a one-year recidivism period.  (Section 4).
  • Changing the recidivism period from two years to one year for violations related to motorized scooters.  Currently, the penalty schedule in section 6-55 of the Rules provides for a recidivism period of two years.  However, section 20-762(c) of the Administrative Code provides for a one-year recidivism period.  (Section 5).
  • Eliminating a reference in section 6-59 of the Rules, the penalty schedule for employment agencies, to the Administrative Code containing two subchapters numbered 14 in chapter 5.  The Administrative Code no longer contains this mistaken organizational structure.  These proposed amendments would also add an entry for a violation of NY General Business Law section 189, the penalties for which are provided by section 189(5).  (Section 6).
  • Changing the recidivism period of two years to 18 months for violations related to air conditioning prohibitions.  Currently, the penalty schedule in section 6-63 of the Rules provides for a recidivism period of two years.  However, section 20-910(e)(ii) of the Administrative Code provides for an 18-month recidivism period.  (Section 7).
  • Changing the recidivism period of one year to two years for violations related to bail bond agents.  Currently, the penalty schedule in section 6-71 of the Rules provides for a recidivism period of one year.  The Administrative Code is silent as to the recidivism period of bail bond agent violations (see section 20-835).  The Department’s default recidivism period is two years unless the Administrative Code provides otherwise.  (Section 8).