S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    988
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by M. of A. GANTT -- 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 TITLE, the holder thereof may appeal  such
 determination  pursuant to the provisions of this article and such regu-
 lations as may be promulgated by the commissioner. In addition,  follow-
 ing  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.]
   §  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01425-01-7

 A. 988                              2
 
 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
 notice  to  the registrant, before an officer or employee of the depart-
 ment designated for such purpose by the commissioner, provided, however,
 that where a notice of hearing is mailed to a registrant at the  address
 shown  in  the  records  of  the department and such registrant fails to
 attend such hearing, the  commissioner  may  suspend  such  registration
 pending  the  [registrants]  REGISTRANT'S  attendance  at  such hearing.
 Requests for adjournment of such hearings shall be granted in accordance
 with regulations promulgated by the commissioner.  A suspension  pending
 attendance  at  a  hearing  shall not be appealable.  PROVIDED, HOWEVER,
 THAT A CERTIFICATE OF REGISTRATION MAY  BE  TEMPORARILY  SUSPENDED  UPON
 WRITTEN  NOTICE  OF  TEMPORARY SUSPENSION DELIVERED BY CERTIFIED MAIL TO
 THE REGISTRANT PENDING ANY PROSECUTION, INVESTIGATION OR HEARING INVOLV-
 ING AN ALLEGATION OF ANY CONDUCT  ON  THE  PART  OF  THE  REGISTRANT  IN
 VIOLATION OF THE PROVISIONS OF PARAGRAPH (G), (H), (J), OR (K) OF SUBDI-
 VISION  ONE OF SECTION THREE HUNDRED NINETY-EIGHT-E OF THIS ARTICLE. THE
 WRITTEN NOTICE OF TEMPORARY SUSPENSION SHALL PROVIDE THAT THE  TEMPORARY
 SUSPENSION  IS  EFFECTIVE SEVENTY-TWO HOURS AFTER MAILING OF SUCH NOTICE
 AND THAT A HEARING BE SCHEDULED WITHIN TEN DAYS AFTER THE EFFECTIVE DATE
 OF THE TEMPORARY SUSPENSION.
   § 3. Subdivision 2 of section 398-f of the vehicle and traffic law  is
 REPEALED.
   § 4. Subdivision 3 of section 398-f of the vehicle and traffic law, as
 added by chapter 641 of the laws of 1975, paragraph (a) and subparagraph
 2  of  paragraph  (b) as amended by chapter 448 of the laws of 1995, and
 subparagraphs 1 and 5 of paragraph (b) as amended by chapter 450 of  the
 laws of 1996, is amended to read as follows:
   3.    Appeals.  (a) The [review] APPEALS board ESTABLISHED PURSUANT TO
 ARTICLE THREE-A OF THIS CHAPTER will review and  determine  all  appeals
 filed  pursuant  to this article.   Such determination may be to affirm,
 reverse or modify the initial determination of the hearing  officer,  or
 to  remand the case for a further hearing to determine additional facts.
 Any review by such board shall be based solely on the record upon  which
 the  initial  determination is made and upon any written brief which may
 be submitted by or on behalf of the applicant or registrant.
   (b) (1)   Whenever a  certificate  of  registration  is  suspended  or
 revoked,  an  application for such registration denied, determination of
 gross negligence or gross overcharging made, the sealing of  a  premises
 ordered or penalty imposed by the commissioner pursuant to this article,
 except where such action is required by statute based upon a conviction,
 the  registrant,  applicant,  or  owner  of the premises as such term is
 defined in paragraph (a) of subdivision five-a of section three  hundred
 ninety-eight-i of this article may appeal such determination pursuant to
 the  provisions of [this] article THREE-A OF THIS CHAPTER and such regu-
 lations as may be promulgated by the commissioner.
   (2) [No appeal shall be reviewed unless it is submitted  within  sixty
 days  after  written notice of the determination appealed from is mailed
 to the registrant or applicant.
   (3)  Any person desiring to appeal pursuant to this article  shall  do
 so  in  a  form and manner as provided by regulations promulgated by the
 commissioner. The transcript of any hearing will only be reviewed if  it
 is  submitted  by the appellant who shall bear the expense of furnishing
 such transcript.

 A. 988                              3

   (4)  The fee for filing an appeal shall be ten  dollars.    No  appeal
 shall  be  deemed  filed  or  submitted unless any required fee has been
 paid.
   (5)]  The submission of a written request to file such an appeal shall
 stay the operation of the initial determination until after a review  is
 had  and  a determination has been made; provided, however, that failure
 to timely submit such appeal and comply  with  the  provisions  of  this
 subdivision  shall  remove  the  stay  imposed by this paragraph.   Such
 review shall be made and decided as expeditiously as possible;  provided
 that  an appeal of an order directing the sealing of the premises pursu-
 ant to subdivision five-a of section  three  hundred  ninety-eight-i  of
 this  article  shall, to the extent possible, be given priority over all
 other appeals filed pursuant to this article.
   (c)  Whenever the same facts give rise  to  a  hearing  involving  any
 other  license  or  registration  issued by the commissioner, a combined
 hearing may be held.  [If the registrant appeals only  from  a  determi-
 nation  made  with  respect to his repair shop registration, he shall be
 entitled to a review as provided in subdivision  one  of  this  section;
 however,  if  he  appeals  from any determination or determinations made
 with respect to any other license or registration, as well as a determi-
 nation with respect to his repair shop registration, the appeals  proce-
 dure established in article three-A of this chapter shall be followed in
 lieu of the procedure established in subdivision three of this section.]
   §  5. Subdivision 4 of section 398-f of the vehicle and traffic law is
 REPEALED.
   § 6. Paragraph (a) of subdivision 4 of section 398-i  of  the  vehicle
 and traffic law, as added by chapter 891 of the laws of 1977, is amended
 to read as follows:
   (a) If it is determined that a person has operated a repair shop with-
 out being registered as required by this article, such determination may
 be  appealed  to  the  [review]  APPEALS  board  established pursuant to
 [section three hundred ninety-eight-f of  this  chapter.  The  procedure
 established in such section shall apply to such appeals] ARTICLE THREE-A
 OF  THIS CHAPTER provided that no appeal shall be accepted or determined
 by the [review] APPEALS board unless the civil penalty assessed  against
 such  person  has  been  paid  as  prescribed in subdivision two of this
 section.
   § 7. This act shall take effect immediately, except that sections one,
 three, four, five, and six shall take effect on the thirtieth day  after
 it shall have become a law and shall apply to appeals pending before the
 repair shop review board.