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§28-401.19 Suspension or Revocation of License or Certificate of Competence
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The commissioner shall have the power to suspend or revoke a license or certificate of competence and/or to impose a fine not to exceed twenty-five thousand dollars for each finding of violation, and/or to order any holder thereof to repair damage resulting from any act or omission as set forth in this chapter or in rules, for any of the following:
- Fraud or deceit in obtaining or renewing a license, plate or seal, certificate of competence, certification, registration, or permit;
- The making of a material false or misleading statement on any form or report filed with the department or other governmental entity;
- The failure to file a statement, report or form required by law to be filed;
- Willfully impeding or obstructing the filing of a statement, report or form of another required by law to be filed;
- Fraudulent dealings;
- Negligence, incompetence, lack of knowledge, or disregard of this code and related laws and rules;
- Failure to comply with this code or any order, rule, or requirement lawfully made by the commissioner including failure to cooperate with investigations related to the trade for which the individual is licensed conducted by the commissioner or other government entity;
- Failure to comply with any order, rule, regulation or requirement lawfully made by the commissioner of environmental protection or commissioner of transportation pertaining to water services, house connections street openings, street/lane closures or sidewalk closures that relate to requirements of this code;
- A practice or pattern of failing timely to perform or complete contracts relating to home improvements as defined by section 20-386 of the administrative code or a practice of abandoning contracts on residential buildings containing four dwelling units or less;
- Failure to provide documents, including payroll records, workers compensation or other insurance documents, employee timekeeping records and corporate tax returns, required by the commissioner;
- Engaging or assisting in any act that endangers the public safety and welfare;
- Conviction of a criminal offense where the underlying act arises out of the individual's professional dealings with the city or any other governmental entity;
- Poor moral character that adversely reflects on his or her fitness to conduct work regulated by this code; or
- Failure to pay outstanding fines, penalties, or fees related to the individual's professional dealings with the city or any other governmental entity.
- With respect to general contractor registration, upon a finding that the applicant or registrant or a business entity in which one of the applicant's or registrant's principals, officers or directors is a principal, officer or director has engaged in any of the acts set forth in items 1 through 14 or any of the following:
- Fraud, misrepresentation or bribery in securing a sign-off of work or a temporary or permanent certificate of occupancy.
- A practice on the part of the registrant of failure to timely perform or complete its contracts for the construction of new residential structures containing no more than three dwelling units, or the manipulation of assets or accounts, or fraud or bad faith.
- Approval or knowledge on the part of the registrant of an act of omission, fraud, or misrepresentation committed by one or more agents or employees of the registrant, and failure to report such act to the department.
- The applicant or registrant, or any of its principals, officers or directors, or any of its stockholders owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which, in accordance with article twenty-three-a of the correction law, is determined to have a direct relationship to such person's fitness or ability to perform any of the activities for which a registration is required under this article.
- The applicant or registrant, or any of its principals, officers or directors has been or is a principal, officer or director of a registered general contractor whose registration has been revoked.
The commissioner shall not revoke or suspend a license or certificate of competence for any cause or impose any other sanction on a licensee unless and until the holder has been given at least five calendar days prior written notice and an opportunity to be heard. However, when the public safety may be imminently jeopardized the commissioner shall have the power, pending a hearing and determination of charges, to forthwith suspend any license for a period not exceeding 15 days.
- Surrender of plate or seal. Upon surrender, suspension or revocation of a license for which the department has also issued a plate or seal, the license and such plate and/or seal shall be immediately surrendered to the department.
- Posting of resolution of proceedings. The names of all licensees whose licenses were suspended or revoked or upon whom penalties have been imposed after a department determination following an office of administrative trials and hearings (OATH), or its successor agency, as applicable, report and recommendation shall be posted on the department's website. The department shall post the names of the licensees who have entered into stipulations with the department unless the stipulation agreed to by the parties provides otherwise.
The fees required for the reinstatement of a certificate of competence or license, plate or seal after suspension shall be the same as those required to obtain an original document. If reinstatement of the certificate of competence, license, plate or seal is not requested within 30 days of the lifting of the suspension, then late fees shall be imposed in accordance with article 119 of chapter 1 of this title.
Any licensed rigger who has been found guilty after proceedings before the environmental control board or other adjudicative proceedings of violating section 28-404.1 or 28-401.9 of the administrative code or sections 3314.1.1 and 33184.108.40.206 of the New York city building code, or of failing to insure that workers have certificates of fitness required pursuant to this code or applicable rule three times within any six-month period, shall be subject to immediate suspension of his or her license pending a hearing and determination in accordance with the provisions of this code.
Any registered general contractor who has defaulted at or been found liable after proceedings before the environmental control board or in an adjudication in criminal court of violations of any provisions of this code relating to a stop work order, public health or safety, structural integrity, building in compliance with approved construction documents or fire safety three times within any twenty-four-month period shall be subject to immediate suspension of his or her registration, pending a hearing and determination at office of administrative trials and hearings (OATH) or its successor agency, as applicable.