Bill Text: NY S06444 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the docketing of adjudications of certain violations of laws enforced by the New York city department of consumer affairs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-06-19 - referred to cities [S06444 Detail]

Download: New_York-2019-S06444-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6444

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 11, 2019
                                       ___________

        Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the county  law  and  the  New  York  city  charter,  in
          relation  to  the  docketing of adjudications of certain 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:

     1    Section  1.  Subdivision  4 of section 918 of the county law, as sepa-
     2  rately amended by chapters 419 and 473 of the laws of 1988,  is  amended
     3  to read as follows:
     4    4. Any other laws to the contrary notwithstanding, the county clerk in
     5  each  of  the  counties  within  the  city of New York is authorized and
     6  empowered to maintain separate judgment docket  volumes  containing  the
     7  printed transcript or transcripts, in strict alphabetical order of judg-
     8  ment  made,  entered  and docketed in the civil court of the city of New
     9  York against individuals, corporations, and other entities on behalf  of
    10  the parking violations bureau, the environmental control board, the taxi
    11  and  limousine  commission,  the  department of consumer affairs and the
    12  commissioner of jurors of the city of New York, provided that the  judg-
    13  ments  made,  entered and docketed in the civil court of the city of New
    14  York against individuals, corporations, and other entities on behalf  of
    15  the  department  of consumer affairs shall be limited to final decisions
    16  and orders imposing civil penalties.  These volumes may be maintained in
    17  the form of computer print outs which shall contain the  date  of  judg-
    18  ment, the name and address of the judgment debtor or debtors, the amount
    19  of  the  judgment  and other information which the county clerk may deem
    20  necessary to sufficiently describe the parties to the action or proceed-
    21  ing or nature or the manner of the entry  of  the  judgment.  [Provided,
    22  however,  with  respect to judgments on behalf of the parking violations
    23  bureau the] The county clerk may, in his or her discretion, in  lieu  of
    24  such  volumes,  maintain  the  aforementioned  data in a micrographic or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13287-01-9

        S. 6444                             2

     1  computer retrievable format.  With respect to judgments on behalf of the
     2  parking violations bureau such volumes or other format  shall  be  main-
     3  tained  pursuant  to this subdivision for only those individuals, corpo-
     4  rations,  and  other entities having vehicles registered in the counties
     5  within the city of New York.
     6    § 2. Section 918 of the county law is amended by adding a new subdivi-
     7  sion 5 to read as follows:
     8    5. Any other laws to the contrary notwithstanding, the  department  of
     9  consumer  affairs  may  file  a  certified copy of the final decision or
    10  order of such  department  authorizing  restitution,  imposing  monetary
    11  damages  or providing equitable relief to a party other than the city of
    12  New York with the county clerk of any county within the city of New York
    13  where a respondent resides or has  a  place  of  business,  or,  if  the
    14  respondent is a non-resident of the city of New York and no longer has a
    15  place  of  business within the city of New York at the time such depart-
    16  ment seeks to file such  certified  copy,  the  department  of  consumer
    17  affairs  may  file  such  certified copy of such final decision or order
    18  with the county clerk of the county in which the department of  consumer
    19  affairs  is  located. A party other than the city of New York may file a
    20  certified copy of such final decision or order provided that such  party
    21  has  been  assigned  such  final  decision or order or a portion of such
    22  final decision  or  order  authorizing  restitution,  imposing  monetary
    23  damages or providing equitable relief to such party.  The filing of such
    24  final  decision or order shall have the full force and effect of a judg-
    25  ment duly docketed in the office of such clerk. The  final  decision  or
    26  order  may  be  enforced  by  and in the name of the department, or by a
    27  party other than the city of New York who has been assigned  such  deci-
    28  sion  or  order  or  a portion thereof, in the same manner and with like
    29  effect as that prescribed by the civil practice law and  rules  for  the
    30  enforcement of a money judgment.
    31    §  3. Subdivision (h) of section 2203 of the New York city charter, as
    32  amended by local law number 46 of the city of  New  York  for  the  year
    33  2013, is amended to read as follows:
    34    (h) (1) Notwithstanding any inconsistent provision of law, the depart-
    35  ment  shall  be authorized, upon due notice and hearing, to impose civil
    36  penalties for, and to order restitution  or  other  forms  of  equitable
    37  relief and payment of monetary damages in connection with, the violation
    38  of any laws or rules the enforcement of which is within the jurisdiction
    39  of  the  department pursuant to this charter, the administrative code or
    40  any other general, special or local law. The department shall  have  the
    41  power  to  render decisions and orders and to impose civil penalties for
    42  all such violations[, and to order equitable relief for and  payment  of
    43  monetary damages in connection with enforcement of chapter 8 of title 20
    44  of the administrative code]. Except to the extent that dollar limits are
    45  otherwise  specifically  provided, such civil penalties shall not exceed
    46  five hundred dollars for  each  violation.  All  proceedings  authorized
    47  pursuant to this subdivision shall be conducted in accordance with rules
    48  promulgated  by  the commissioner.   The remedies and penalties provided
    49  for in this subdivision shall be in addition to any  other  remedies  or
    50  penalties  provided  for  the  enforcement  of such provisions under any
    51  other law including, but not limited to, civil or  criminal  actions  or
    52  proceedings.
    53    (2) All such proceedings shall be commenced by the service of a notice
    54  of  violation.  The commissioner shall prescribe the form and wording of
    55  notices of violation. The notice  of  violation  or  copy  thereof  when
    56  filled  in  and served shall constitute notice of the violation charged,

        S. 6444                             3

     1  and, if sworn to or affirmed, shall be prima facie evidence of the facts
     2  contained therein. The notice of  violation  shall  contain  information
     3  advising  the  person  charged  of the manner and the time in which such
     4  person  may  either  admit  or deny the violation charged in the notice.
     5  Such notice of violation shall also contain  a  warning  to  advise  the
     6  person  charged  that  failure to plead in the manner and time stated in
     7  the notice may result in a default  decision  and  order  being  entered
     8  against  such  person. The original or a copy of the notice of violation
     9  shall be filed and retained by the department  and  shall  be  deemed  a
    10  record kept in the ordinary course of business.
    11    (3)  Where a respondent has failed to plead within the time allowed by
    12  the rules of the commissioner or has failed to appear  on  a  designated
    13  hearing  date  or a subsequent date following an adjournment of a desig-
    14  nated violation, such failure to plead or appear shall  be  deemed,  for
    15  all  purposes,  to be an admission of liability for the purposes of such
    16  designated violation and shall be grounds for rendering a default  deci-
    17  sion  and  order  imposing a penalty up to the maximum amount prescribed
    18  under law for the designated violation charged.  For  purposes  of  this
    19  subdivision, "designated violation" means:
    20    (A) any violation of title 20 of the administrative code or of any law
    21  or  rule,  the  enforcement  of  which is within the jurisdiction of the
    22  department, to the extent any final decision or order relating  to  such
    23  violation  authorizes  restitution, imposes an award of monetary damages
    24  or provides equitable relief to a consumer or an employee;
    25    (B) any violation of subchapters 1, 7, 11, 22, 29, 30,  31  or  35  of
    26  chapter 2 of title 20 of the administrative code or of chapters 8, 12 or
    27  13  of  title  20 of the administrative code or of article eleven of the
    28  general business law, including any  rules  or  regulations  promulgated
    29  thereunder,  to  the extent any final decision or order relating to such
    30  violation imposes civil penalties; or
    31    (C) any violation of subchapters 1, 8 or 14-a of chapter 5 of title 20
    32  of the administrative code, including any rules promulgated  under  such
    33  subchapters,  to the extent any final decision or order relating to such
    34  violation imposes civil penalties for two or  more  violations  and  the
    35  aggregate penalty for such violations exceeds five thousand dollars.
    36    (4)  At the request of a consumer or an employee, the department shall
    37  assign, without consideration or liability, a final decision  or  order,
    38  provided  that  such  decision  or  order solely authorizes restitution,
    39  imposes an award of monetary damages or  provides  equitable  relief  to
    40  such consumer or employee, or that portion of such award that authorizes
    41  restitution,  imposes an award of monetary damages or provides equitable
    42  relief to such consumer or employee. After such assignment, the  depart-
    43  ment  shall  not  be required to take any further action to enforce such
    44  decision or order.
    45    (5) Any final decision or order of the department relating to a desig-
    46  nated violation, whether the adjudication was had  by  hearing  or  upon
    47  default  or  otherwise,  shall constitute a judgment that may be entered
    48  and docketed in the civil court of the city of New  York  or  any  other
    49  place provided for the entry and docketing of civil judgments within the
    50  state  and  may be enforced without court proceedings in the same manner
    51  as the enforcement of money judgments  entered  and  docketed  in  civil
    52  actions.
    53    (6) Notwithstanding paragraph five of this subdivision, before a judg-
    54  ment based upon a default may be so entered and docketed, the department
    55  must have notified the respondent in accordance with this paragraph. The
    56  commissioner  shall determine the form of such notice. If the respondent

        S. 6444                             4

     1  is a licensee of the department, notice shall be provided by first class
     2  mail or hand delivery to the address the licensee  has  filed  with  the
     3  department  pursuant  to  section 20-112 of the administrative code. For
     4  all other respondents, the notice shall be served by first class mail or
     5  hand delivery to the address where the decision or order was sent to the
     6  respondent by the department. Such notice shall state that:
     7    (A)  a decision and order of default was issued against the respondent
     8  by the department and the amounts of the penalty, restitution, or  other
     9  monetary relief imposed;
    10    (B)  a judgment will be entered and docketed in the civil court of the
    11  city of New York or any other place provided  for  the  entry  of  civil
    12  judgments within the state of New York; and
    13    (C)  entry and docketing of such judgment may be avoided by requesting
    14  a stay of default for good cause shown and either requesting a new hear-
    15  ing or entering a plea pursuant to applicable rules within  thirty  days
    16  of the mailing or hand delivery date of such notice.
    17    (7)  The department shall not enter any final decision or order pursu-
    18  ant to this subdivision unless the notice of violation shall  have  been
    19  served as follows:
    20    (A)  for  any  respondent  that  is  a licensee of the department, the
    21  department shall serve a notice of violation of a  designated  violation
    22  in one of the following ways:
    23    (i)  by  mailing a copy of such notice to the address the licensee has
    24  filed with the department pursuant to section 20-112 of the  administra-
    25  tive code; or
    26    (ii)  by personally serving the respondent or delivering the notice of
    27  violation to a person of suitable age and  discretion  employed  by  the
    28  respondent at the premises at which the respondent conducts the business
    29  the  operation  of  which  gave  rise to the violation. In the case of a
    30  business that is carried out at large and not at a fixed place of  busi-
    31  ness  or  that  has  filed  with  the department an out-of-state address
    32  pursuant to section 20-112 of the administrative  code,  the  department
    33  shall also serve a licensee or employee of such business at the location
    34  which  gave  rise  to  the violation, the secretary of state pursuant to
    35  section three hundred four of the business corporation law or  an  agent
    36  designated  for  service  pursuant to rule three hundred eighteen of the
    37  civil practice law and rules or section three hundred five of the  busi-
    38  ness corporation law.
    39    (B)  For  any respondent that is not a licensee of the department, the
    40  department shall serve a notice of violation of a  designated  violation
    41  in one of the following ways:
    42    (i)  by serving the respondent in the same manner as is prescribed for
    43  service of process by article three of the civil practice law and  rules
    44  or article three of the business corporation law;
    45    (ii)  by  delivering  such  notice  to  a  person  of suitable age and
    46  discretion employed by the respondent at the premises where the respond-
    47  ent is operating;
    48    (iii) by affixing such notice in a conspicuous place to  the  premises
    49  where  the  respondent  is operating and delivering such notice by first
    50  class mail to the address of such premises;
    51    (iv)  by  sending  such  notice  by  certified  mail,  return  receipt
    52  requested,  to  the  respondent's  last known business address, provided
    53  that delivery of such notice shall be restricted to the respondent; or
    54    (v) by sending such notice by  electronic  mail  to  the  respondent's
    55  electronic  mail  address,  provided  that  the  department has received
    56  communication from such electronic mail address in the one year prior to

        S. 6444                             5

     1  the electronic mailing of such notice, and provided further that service
     2  in the manner prescribed by clauses (i) though (iv) of this subparagraph
     3  are impracticable.
     4    (8)  Service by certified mail pursuant to clause (iv) of subparagraph
     5  B of paragraph seven of this subdivision shall be deemed  complete  upon
     6  the  mailing of the notice of violation described in such clause, unless
     7  the notice of violation is returned to the sender by the  United  States
     8  postal  service  for any reason other than refusal of delivery.  Service
     9  by electronic mail pursuant to clause (v) of subparagraph B of paragraph
    10  seven of this subdivision shall be deemed complete upon  the  electronic
    11  mailing  of  the notice of violation described in such clause unless the
    12  department receives an electronic message that its electronic mailing of
    13  the notice of violation was undeliverable.
    14    (9) Proof of service made pursuant to paragraph seven of this subdivi-
    15  sion shall be maintained by, and preserved within, the department for at
    16  least six years following the date of the final decision or order relat-
    17  ing to the adjudication of the subject notice of violation.
    18    (10) Entry and docketing of a judgment shall not limit the application
    19  of any other remedies or penalties provided for the enforcement of  laws
    20  or rules under the jurisdiction of the department.
    21    (11) For the purposes of this subdivision, no act or practice shall be
    22  deemed  a  deceptive trade practice unless it has been declared a decep-
    23  tive trade practice and described with  reasonable  particularity  in  a
    24  local law or in a rule or regulation promulgated by the commissioner.
    25    [(4)]  (12)  Notwithstanding  any other inconsistent provision of law,
    26  powers conferred upon the department by this subdivision  may  be  exer-
    27  cised  by  the  office  of administrative trials and hearings consistent
    28  with orders of the mayor issued in accordance with subdivisions two  and
    29  three of section one thousand forty-eight of this charter.
    30    §  4.  This  act shall take effect immediately and shall only apply to
    31  decisions or orders issued on or after such effective date.
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