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NY S02305

Bill

Status

Introduced

2/17/2009

Primary Sponsor

Frank Padavan

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Origin

Senate

2009-2010 General Assembly

AI Summary

  • Authorizes the NYC Department of Consumer Affairs to conduct proceedings to adjudicate violations of laws within its jurisdiction and impose civil penalties not exceeding $500 per violation, unless other dollar limits are specifically provided by law.

  • Establishes procedures for service of notices of violation, including delivery to employees at the violation premises and mailing to the respondent's last known address, with proof of service required within 20 days.

  • Allows final orders imposing civil penalties to be entered as judgments in civil court and enforced as money judgments, with a maximum of $25,000 per respondent and an 8-year duration.

  • Provides that failure to plead or appear within the time allowed constitutes an admission of liability and grounds for a default decision imposing the maximum penalty, but requires prior notice to the respondent by first class mail with a 30-day opportunity to request a hearing or stay.

  • Adds deceptive trade practice provisions requiring businesses to publicly reveal and display in English the true names of proprietors or owners, and authorizes county clerks to maintain separate judgment docket volumes for Department of Consumer Affairs judgments.

Legislative Description

Authorizes the NYC department of consumer affairs to adjudicate violations of the laws that it enforces pursuant to rules promulgated by its commissioner; makes procedural provisions for service of notice of violation and entry of judgments; limits penalties; provides for the county clerks to docket the department's judgments in separate volumes.

Last Action

COMMITTEE DISCHARGED AND COMMITTED TO CITIES

4/13/2010

Committee Referrals

Cities4/13/2010
Local Government2/17/2009

Full Bill Text

No bill text available