A10258-2011 Actions

• Jun 29, 2012: enacting clause stricken
• Jun 11, 2012: print number 10258a
• Jun 11, 2012: amend and recommit to judiciary
• May 16, 2012: referred to judiciary

A10258-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10258
 I N  ASSEMBLY
 May 16, 2012
 
 Introduced by M. of A. CAMARA -- read once and referred to the Committee
 on Judiciary
 AN  ACT  to  amend  the  county  law  and  the New York city charter, in
 relation to the docketing  of  adjudications  of  violations  of  laws
 enforced by the New York city department of consumer affairs
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 4 of section 918 of the county  law,  as  sepa
 rately  amended  by chapters 419 and 473 of the laws of 1988, is amended
 to read as follows:

 4. Any other laws to the contrary notwithstanding, the county clerk in
 each of the counties within the city  of  New  York  is  authorized  and
 empowered  to  maintain  separate judgment docket volumes containing the
 printed transcript or transcripts, in strict alphabetical order of judg
 ment made, entered and docketed in the civil court of the  city  of  New
 York  against individuals, corporations, and other entities on behalf of
 the parking violations bureau, the environmental control board, the taxi
 and limousine commission, THE DEPARTMENT OF  CONSUMER  AFFAIRS  and  the
 commissioner  of  jurors  of  the city of New York. These volumes may be
 maintained in the form of computer print outs which  shall  contain  the
 date  of  judgment,  the  name  and  address  of  the judgment debtor or
 debtors, the amount of the judgment  and  other  information  which  the
 county  clerk may deem necessary to sufficiently describe the parties to
 the action or proceeding or nature or the manner of  the  entry  of  the
 judgment.  Provided, however, with respect to judgments on behalf of the
 parking  violations  bureau  the  county  clerk  may,  in  his  OR   HER
 discretion, in lieu of such volumes, maintain the aforementioned data in
 a  micrographic  or  computer retrievable format.  With respect to judg
 ments on behalf of the parking violations bureau such volumes  or  other
 format  shall  be maintained pursuant to this subdivision for only those
 individuals, corporations, and other entities having vehicles registered
 in the counties within the city of New York.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11260-02-2
 
       A. 10258                            2
 

S 2. Subdivision (g) of section 2203 of the New York city charter,  as
 added  by section 15 of question 2 of local law number 60 of the city of
 New York for the year 2010, is amended to read as follows:

 (g) (1) Notwithstanding any inconsistent provision of law, the depart
 ment  shall  be authorized, upon due notice and hearing, to impose civil
 penalties for the violation of any laws  or  rules  the  enforcement  of
 which  is  within  the  jurisdiction  of the department pursuant to this
 charter, the administrative code or any other general, special or  local
 law.  The department shall have the power to render decisions and orders
 and to impose civil penalties for all such  violations.  Except  to  the
 extent  that  dollar  limits  are  otherwise specifically provided, such
 civil  penalties  shall  not  exceed  five  hundred  dollars  for   each
 violation. All proceedings authorized pursuant to this subdivision shall
 be  conducted  in accordance with rules promulgated by the commissioner.
 The remedies and penalties provided for in this subdivision shall be  in
 addition to any other remedies or penalties provided for the enforcement
 of  such  provisions  under any other law including, but not limited to,
 civil or criminal actions or proceedings.
 (2) All such proceedings shall be commenced by the service of a notice
 of violation. The commissioner shall prescribe the form and  wording  of
 notices  of  violation.  The  notice  of  violation or copy thereof when
 filled in and served shall constitute notice of the  violation  charged,
 and, if sworn to or affirmed, shall be prima facie evidence of the facts
 contained  therein.    THE NOTICE OF VIOLATION SHALL CONTAIN INFORMATION
 ADVISING THE PERSON CHARGED OF THE MANNER AND THE  TIME  IN  WHICH  SUCH
 PERSON  MAY  EITHER  ADMIT  OR DENY THE VIOLATION CHARGED IN THE NOTICE.
 SUCH NOTICE OF VIOLATION SHALL ALSO CONTAIN  A  WARNING  TO  ADVISE  THE
 PERSON  CHARGED  THAT  FAILURE TO PLEAD IN THE MANNER AND TIME STATED IN
 THE NOTICE MAY RESULT IN A DEFAULT  DECISION  AND  ORDER  BEING  ENTERED
 AGAINST  SUCH  PERSON. THE ORIGINAL OR A COPY OF THE NOTICE OF VIOLATION
 SHALL BE FILED AND RETAINED BY THE DEPARTMENT  AND  SHALL  BE  DEEMED  A
 RECORD KEPT IN THE ORDINARY COURSE OF BUSINESS.
 (3)  WHERE A RESPONDENT HAS FAILED TO PLEAD WITHIN THE TIME ALLOWED BY
 THE RULES OF THE COMMISSIONER OR HAS FAILED TO APPEAR  ON  A  DESIGNATED
 HEARING DATE OR A SUBSEQUENT DATE FOLLOWING AN ADJOURNMENT, SUCH FAILURE
 TO PLEAD OR APPEAR SHALL BE DEEMED, FOR ALL PURPOSES, TO BE AN ADMISSION
 OF LIABILITY FOR THE PURPOSES OF THIS VIOLATION AND SHALL BE GROUNDS FOR
 RENDERING A DEFAULT DECISION AND ORDER IMPOSING A PENALTY IN THE MAXIMUM
 AMOUNT PRESCRIBED UNDER LAW FOR THE VIOLATION CHARGED.
 (4) ANY FINAL ORDER IMPOSING A CIVIL PENALTY, WHETHER THE ADJUDICATION
 WAS  HAD  BY  HEARING  OR  UPON DEFAULT OR OTHERWISE, SHALL CONSTITUTE A
 JUDGMENT THAT MAY BE ENTERED IN THE CIVIL COURT OF THE CITY OF NEW  YORK
 OR  ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN THE
 STATE, AND MAY BE ENFORCED WITHOUT COURT PROCEEDINGS IN THE SAME  MANNER
 AS THE ENFORCEMENT OF MONEY JUDGMENTS ENTERED IN CIVIL ACTIONS.
 (5) THE DEPARTMENT SHALL INCLUDE WITH THE NOTICE OF ENTRY OF THE JUDG
 MENT IT SERVES ON THE RESPONDENT A NOTICE, IN A FORM TO BE DETERMINED BY
 THE COMMISSIONER, THAT:

 (I)  A JUDGMENT HAS BEEN ENTERED IN THE CIVIL COURT OF THE CITY OF NEW
 YORK OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN
 THE STATE OF NEW YORK; AND
 (II) THE RESPONDENT SHALL HAVE THE OPPORTUNITY TO REQUEST  A  STAY  OF
 ENFORCEMENT  OF  THE  JUDGMENT  FOR SETTLEMENT DISCUSSIONS IN ACCORDANCE
 WITH THE RULES OF THE DEPARTMENT FOR UP TO  FORTY-FIVE  DAYS  AFTER  THE
 ENTRY OF THE JUDGMENT.
 
       A. 10258                            3
 ENTRY OF A JUDGMENT SHALL NOT LIMIT THE APPLICATION OF ANY OTHER REME
 DIES  OR  PENALTIES  PROVIDED FOR THE ENFORCEMENT OF LAWS OR RULES UNDER
 THE JURISDICTION OF THE DEPARTMENT.
 (6)  NOTWITHSTANDING THE FOREGOING PROVISIONS, BEFORE A JUDGMENT BASED
 UPON A DEFAULT MAY BE SO ENTERED, THE DEPARTMENT MUST HAVE NOTIFIED  THE
 RESPONDENT:

 (I) OF THE DEFAULT DECISION AND ORDER AND PENALTY IMPOSED;
 (II) THAT A JUDGMENT WILL BE ENTERED IN THE CIVIL COURT OF THE CITY OF
 NEW  YORK  OR  ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS
 WITHIN THE STATE OF NEW YORK; AND
 (III) THAT ENTRY OF SUCH JUDGMENT MAY BE AVOIDED BY REQUESTING A  STAY
 OF  DEFAULT  FOR  GOOD  CAUSE  SHOWN  AND EITHER REQUESTING A HEARING OR
 ENTERING A PLEA PURSUANT TO THE RULES OF THE COMMISSIONER WITHIN  THIRTY
 DAYS OF THE MAILING OF SUCH NOTICE.
 THE  COMMISSIONER  SHALL  DETERMINE  THE  FORM  OF SUCH NOTICE. IF THE
 RESPONDENT IS A LICENSEE, NOTICE SHALL BE PROVIDED BY FIRST  CLASS  MAIL
 AT  THE  ADDRESS  THE LICENSEE HAS FILED WITH THE DEPARTMENT PURSUANT TO
 SECTION 20-112 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK.  FOR
 ALL OTHER RESPONDENTS, THE NOTICE SHALL BE SERVED IN THE SAME MANNER SET
 FORTH  FOR  SERVICE  OF A NOTICE OF VIOLATION IN PARAGRAPH EIGHT OF THIS
 SUBDIVISION.
 (7) A JUDGMENT ENTERED PURSUANT TO PARAGRAPH FOUR OF THIS  SUBDIVISION
 SHALL REMAIN IN FULL FORCE AND EFFECT FOR EIGHT YEARS.
 (8)  THE DEPARTMENT SHALL NOT ENTER ANY FINAL DECISION OR ORDER PURSU
 ANT TO PARAGRAPH FOUR OF THIS SUBDIVISION UNLESS THE NOTICE OF VIOLATION
 SHALL HAVE BEEN SERVED IN THE SAME MANNER AS IS PRESCRIBED  FOR  SERVICE
 OF PROCESS BY ARTICLE THREE OF THE CIVIL PRACTICE LAW AND RULES OR ARTI
 CLE THREE OF THE BUSINESS CORPORATION LAW OR, FOR LICENSEES, AS PROVIDED
 IN PARAGRAPH NINE OF THIS SUBDIVISION.
 (9)  (I) THE DEPARTMENT SHALL SERVE A NOTICE OF VIOLATION BY MAILING A
 COPY OF SUCH NOTICE TO THE ADDRESS  THE  LICENSEE  HAS  FILED  WITH  THE
 DEPARTMENT  PURSUANT TO SECTION 20-112 OF THE ADMINISTRATIVE CODE OF THE
 CITY OF NEW YORK. THE DEPARTMENT SHALL ALSO SERVE A NOTICE OF  VIOLATION
 BY  DELIVERING SUCH NOTICE TO A PERSON EMPLOYED BY THE RESPONDENT AT THE
 PREMISES AT WHICH THE RESPONDENT CONDUCTS THE BUSINESS THE OPERATION  OF
 WHICH  GAVE  RISE  TO  THE  VIOLATION. IN THE CASE OF A BUSINESS THAT IS
 CARRIED OUT AT LARGE AND NOT AT A FIXED PLACE OF BUSINESS  OR  THAT  HAS
 FILED  WITH  THE  DEPARTMENT AN OUT-OF-STATE ADDRESS PURSUANT TO SECTION
 20-112 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,  THE  DEPART
 MENT  SHALL  ALSO  SERVE  A LICENSEE OR EMPLOYEE OF SUCH BUSINESS AT THE
 LOCATION WHICH GAVE RISE TO THE VIOLATION, THE SECRETARY OF STATE PURSU
 ANT TO SECTION THREE HUNDRED FOUR OF THE BUSINESS CORPORATION LAW OR  AN
 AGENT  DESIGNATED FOR SERVICE PURSUANT TO RULE THREE HUNDRED EIGHTEEN OF
 THE CIVIL PRACTICE LAW AND RULES OR SECTION THREE HUNDRED  FIVE  OF  THE
 BUSINESS CORPORATION LAW.
 (II)  PROOF  OF SERVICE MADE PURSUANT TO PARAGRAPH EIGHT OR THIS PARA
 GRAPH SHALL BE FILED WITH THE COMMISSIONER WITHIN TWENTY DAYS OF SERVICE
 IN THE MANNER PRESCRIBED; SERVICE SHALL BE COMPLETE TEN DAYS AFTER  SUCH
 FILING.
 (10) For the purposes of this subdivision, no act or practice shall be
 deemed  a  deceptive trade practice unless it has been declared a decep
 tive trade practice and described with  reasonable  particularity  in  a
 local law or in a rule or regulation promulgated by the commissioner.
 [(4)]  (11)  Notwithstanding  any other inconsistent provision of law,
 powers conferred upon the department by this subdivision  may  be  exer
 cised  by  the  office  of administrative trials and hearings consistent
 
       A. 10258                            4
 with orders of the mayor issued in accordance with subdivisions two  and
 three of section one thousand forty-eight of this charter.  FURTHER, THE
 DEPARTMENT,  OR  THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS ACTING
 IN  FURTHERANCE  OF  SUCH  ORDERS, MAY ENTER FINAL ORDERS IMPOSING CIVIL
 PENALTIES AS JUDGMENTS  AFTER  THE  EFFECTIVE  DATE  OF  SUCH  EXECUTIVE
 ORDERS, IF SUCH ORDERS IMPOSING CIVIL PENALTIES OTHERWISE CONFORM TO THE
 PROVISIONS OF THIS SUBDIVISION.
 

S  3.  This act shall take effect immediately, and shall only apply to
 orders issued on or after the such date.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!