Assembly Bill A11158

2009-2010 Legislative Session

Relates to the temporary suspension of a repair shop registration or license and the jurisdiction of repair shop appeals; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A11158 (ACTIVE) - Details

See Senate Version of this Bill:
S7438
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§261, 398-f & 398-i, rpld §398-f subs 2 & 4, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2739
2013-2014: A3587
2015-2016: A513
2017-2018: A988
2019-2020: A2155

2009-A11158 (ACTIVE) - Summary

Relates to the temporary suspension of a repair shop registration or license and the jurisdiction of repair shop appeals.

2009-A11158 (ACTIVE) - Sponsor Memo

2009-A11158 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11158

                          I N  A S S E M B L Y

                              May 20, 2010
                               ___________

Introduced  by  M. of A. GANTT -- (at request of the Department of Motor
  Vehicles) -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  the  tempo-
  rary suspension of a repair shop registration or license, jurisdiction
  of  repair shop appeals, and to repeal subdivisions 2 and 4 of section
  398-f of such law relating thereto

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

  Section  1.  Subdivision  1  of section 261 of the vehicle and traffic
law, as amended by chapter 517 of the laws of 2007, is amended  to  read
as follows:
  1.  Right  of  appeal.  Whenever a license, certificate, permit or any
privilege is denied, suspended or revoked by the  commissioner  pursuant
to  this chapter, except where such action is based upon a conviction as
a result of which such action is required by statute or is based upon  a
determination  rendered  under  the  provisions of article two-A of [the
vehicle and traffic law] THIS CHAPTER, the  holder  thereof  may  appeal
such  determination  pursuant to the provisions of this article and such
regulations as may be promulgated  by  the  commissioner.  In  addition,
following  an adjudicatory proceeding conducted pursuant to section four
hundred seventy-one-a of this chapter, an aggrieved party may appeal the
commissioner's decision pursuant to the provisions of this  article  and
such  regulations  as may be promulgated by the commissioner.  [Notwith-
standing the provisions of this subdivision, appeals from determinations
made pursuant to article twelve-A of this chapter shall be  governed  in
accordance with the provisions of that article.]
  S  2.  Paragraph  (b) of subdivision 1 of section 398-f of the vehicle
and traffic law, as added by chapter 641 of the laws of 1975, is amended
to read as follows:
  (b)  No certificate of registration shall  be  suspended  or  revoked,
penalty imposed or determination of gross negligence or gross overcharg-
ing made as provided for pursuant to paragraph (h) of subdivision one of
section  three hundred ninety-eight-e of this article, until such regis-
trant shall have been given the opportunity to be  heard,  upon  written

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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