§ 1-20 Non-Payment of Civil Penalties.
RCNY § 1-20
(a)The Commissioner may deny a new or renewal application for any license, permit or registration, and may revoke, suspend, cancel, or terminate any license, permit or registration, if (i) the applicant, licensee, permittee or registrant has failed to timely pay civil penalties imposed by a tribunal of the New York City Office of Administrative Trials and Hearings (OATH), and (ii) an agency has provided the Commissioner with the following information: the name, address, Department license number and license category, where applicable, and information sufficient to determine the delinquency and monetary amount of the outstanding civil penalties owed by the applicant, licensee, permittee or registrant.
(b)In determining whether to exercise the power granted by paragraph (a) of this section, the Commissioner shall consider the amount of time that has passed since the applicant, licensee, permittee or registrant failed to satisfy a final judgment, order or decision imposing civil penalties from OATH, the amount of the outstanding civil penalties, whether the applicant, licensee, permittee or registrant has committed a series of violations, and any such other matters as justice may require, as follows: 1. New applications for licenses, permits or registrations may be denied where there is an outstanding final judgment, order, or decision of any amount older than thirty (30) days.
2.Licenses, permits or registrations may be suspended, and renewal applications denied, where outstanding final judgments, orders, or decisions are: A. Older than sixty (60) days; and B. Five hundred dollars ($500) or more.
3.Licenses, permits or registrations may be revoked or cancelled where outstanding final judgments, orders, or decisions are: A. Older than ninety (90) days; and B. One thousand dollars ($1,000) or more; and C. The applicant, licensee, permittee or registrant violated any provision the enforcement of which is within the jurisdiction of the Department in the previous five (5) years.
(c)If the applicant, licensee, permittee or registrant breaches the terms of a settlement agreement or payment plan reached with the City for satisfaction of a final judgment, order or decision imposing civil penalties, time will be calculated from the date of the breach or first missed payment, unless otherwise set forth in the agreement.
(d)For purposes of this subsection, a judgment, order or decision imposing civil penalties from OATH is considered "final" when: 1. An appeal or motion to vacate challenging the judgment, order, or decision has been resolved; 2. The entity or legal representative against whom the judgment, order or decision was imposed fails to appeal within the time allotted by OATH; or 3. The entity or legal representative against whom the judgment, order or decision was entered on default fails to move to vacate the judgment, order or decision within sixty (60) of the date entered.
(e)The Department reserves the right to take any action on an application or license for any monies owed to the Department regardless of the criteria provided in this section. (Added City Record 1/30/2019, eff. 3/1/2019; amended City Record 2/24/2020, eff. 3/25/2020)
