Bill Text: NY S04318 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to docketing of decisions and orders of the administrative tribunal of the New York City taxi and limousine commission.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-06-21 - COMMITTED TO RULES [S04318 Detail]
Download: New_York-2011-S04318-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4318
2011-2012 Regular Sessions
I N S E N A T E
March 29, 2011
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the New York city charter, in relation to docketing of
decisions and orders of the administrative tribunal of the New York
city taxi and limousine commission
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision c of section 2303 of the New York city charter,
2 as amended by local law number 115 of the city of New York for the year
3 1993, paragraph 1 as amended by local law number 16 of the city of New
4 York for the year 2008, is amended to read as follows:
5 c. (1) The commission shall create an administrative tribunal to adju-
6 dicate charges of violation of [provisions of the administrative code
7 and rules promulgated thereunder] THE LAWS, RULES AND REGULATIONS
8 ENFORCED BY THE COMMISSION PURSUANT TO THE PROVISIONS OF SUBDIVISION B
9 OF THIS SECTION OR OF ANY OTHER LAW PROVIDING FOR ENFORCEMENT BY THE
10 COMMISSION IN ACCORDANCE WITH THIS PARAGRAPH AND WITH RULES PROMULGATED
11 BY THE COMMISSION. The commission shall have the power to enforce its
12 tribunal's decisions and orders imposing civil penalties, not to exceed
13 ten thousand dollars for each respondent, [for violations relating to
14 unlicensed vehicles for hire and unlicensed drivers of vehicles for hire
15 and for violations relating to the operation of commuter van services
16 without authorization and the operation of unlicensed commuter vans and
17 unlicensed drivers of commuter vans pursuant to chapter five of title
18 nineteen of the administrative code] as if they were money judgments,
19 without court proceedings, in the following manner: Any such decision or
20 order of the commission's administrative tribunal imposing a civil
21 penalty, whether the adjudication was had by hearing or upon default or
22 otherwise, shall constitute a judgment rendered by the commission which
23 may be entered in the civil court of New York or any other place
24 provided for the entry of civil judgments within the state. Before a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05442-02-1
S. 4318 2
1 judgment based upon a default may be so entered the commission or admin-
2 istrative tribunal shall have first notified the respondent by first
3 class mail in such form as the commission may direct: (i) of the default
4 and order and the penalty imposed; (ii) that a judgment will be entered
5 in the civil court of the city of New York or any other place provided
6 by law for the entry of civil judgments within the state of New York;
7 and (iii) that entry of such judgment may be avoided by requesting a
8 stay of default for good cause shown and either requesting a hearing or
9 entering a plea pursuant to the rules of the commission or administra-
10 tive tribunal within thirty days of the mailing of such notice.
11 (2) The commission or tribunal shall not enter any decision or order
12 pursuant to paragraph one of this subdivision unless the notice of
13 violation shall have been served in the same manner as is prescribed for
14 service of process by article three of the civil practice law and rules
15 or article three of the business corporation law except that:
16 (a) with respect to any notice of violation which alleges the opera-
17 tion of [an] A LICENSED OR unlicensed vehicle for hire the operator of
18 such vehicle who is not the owner thereof but who uses or operates such
19 vehicle with the permission of the owner, express or implied, shall be
20 deemed to be the agent of such owner to receive such notice of violation
21 and service made pursuant to this paragraph on such operator shall also
22 be deemed to be lawful service upon such owner; or
23 (b) with respect to any notice of violation which alleges the opera-
24 tion of an AUTHORIZED OR unauthorized commuter van service or [an] A
25 LICENSED OR unlicensed commuter van, the operator of the vehicle giving
26 rise to such violation who is not the owner of such commuter van service
27 or such commuter van, as applicable, but who uses or operates such vehi-
28 cle with the permission, express or implied, of the owner of such commu-
29 ter van service or such commuter van, as the case may be, shall be
30 deemed to be the agent of the owner of such commuter van service or such
31 commuter van, as the case may be, to receive such notice of violation.
32 Service made pursuant to this paragraph on such operator shall be deemed
33 to be lawful service upon the owner of such commuter van service or
34 commuter van, as applicable; OR
35 (C) WITH RESPECT TO ANY NOTICE OF VIOLATION WHICH ALLEGES THE OPERA-
36 TION OF ANY OTHER LICENSED OR UNLICENSED ENTITY WHOSE ESTABLISHMENT AND
37 OPERATION ARE GOVERNED BY RULES PROMULGATED BY THE COMMISSION, SERVICE
38 MAY BE MADE PURSUANT TO THIS PARAGRAPH UPON A PERSON OF SUITABLE AGE AND
39 DISCRETION EMPLOYED BY OR ACTING AS AN AGENT OF THE RESPONDENT AT THE
40 RESPONDENT'S PLACE OF BUSINESS.
41 S 2. This act shall take effect immediately.
