§ 104-01 License Qualifications and Other Requirements.
RCNY § 104-01
(a)Applicability. This subchapter shall apply to all licenses issued by the Department, except where otherwise specified.
(b)Definitions.
(1)For purposes of this subchapter, the terms "City," "Commissioner" and "Department" shall have the same meanings as set forth in § 28-101.5 of the Administrative Code.
(2)For purposes of this subchapter, the term "license" shall include any license as defined in § 28-401.3 of the Administrative Code, except that the term shall include "certificate of competence" whenever such a certificate is required by Chapter 4 of Title 28 of the Administrative Code, and any Master Electrician's License and Special Electrician's License as defined in § 28-429 and § 28-430 of the Administrative Code.
(c)Examinations.
(i)The examination shall consist of a written test, practical test, or a combination of such tests. The practical test may include oral, reading, and/or practical components. Admission to a test does not imply that the applicant possesses the minimum qualifications required. License applicants may not release or otherwise make public the questions and answers for such tests.
(ii)Applicants must apply for any test by submitting an application on a form prescribed by the Department to the Department's Licensing & Exams Unit or its designee. The application must be accompanied by the examination fee and any other required documents as set forth in the Department's rules. Applicants reapplying to take any test, including after a failure, must do so in accordance with the requirements in this paragraph.
(iii)Where either a written or practical test, but not both, is required, applicants have six (6) months from submission of the application to take the test.
(iv)Where both written and practical tests are required, applicants have six (6) months from submission of the application to take the written test, two (2) months from notification of passing the written test to submit an application for the practical test, and six (6) months from submission of that application to take the practical test.
(v)If an applicant fails the practical test, the applicant has up to twenty-four (24) months from the date of notification of passing the written test to pass the practical test.
(vi)Failed written test. (A) Applicants who fail the written test must wait at least fourteen (14) days before reapplying to take the test. (B) Each time an applicant wishes to take the written test, including after a failure, the applicant must reapply to the Department and pay the required fee as set forth in the Department's rules. (C) Applicants may take the written test no more than three (3) times within a six (6) month period. (D) Applicants who fail the written test three (3) times within six (6) months must wait six (6) months from the date of the third failed written test before reapplying to take the written test.
(vii)Failed practical test. (A) Applicants who fail the practical test must wait at least ninety (90) days before reapplying to take the test. (B) Each time an applicant wishes to take the practical test, including after a failure, the applicant must reapply to the Department and pay the required fee as set forth in the Department's rules. (C) Applicants may take the practical test no more than two (2) times within a twelve (12) month period. (D) Applicants who fail the practical test two (2) times within twelve (12) months must wait six (6) months from the date of the second failed practical test before reapplying to take the practical test.
(viii)An applicant who has been notified of failure to pass the written or practical test may appeal such failure only if the applicant has failed by not more than five (5) points. Such appeal must be in writing with an original signature and addressed as the Commissioner may require. The appeal must state the title of the license examination, the applicant's name, return address and social security number, the date of the test and a detailed statement of the grounds for appeal. The appeal must be received not later than thirty (30) days from the date of notification of failure to pass the test.
(ix)Impersonating and cheating. (A) A person who impersonates another person, allows himself or herself to be impersonated, or otherwise cheats in a license examination shall be disqualified from receiving a license issued by the Department. (B) A person disqualified for impersonating or otherwise cheating may submit a written request to the Commissioner to appeal the disqualification. The written request must set forth reasons to substantiate the request and must be received not later than thirty (30) days from the date of notification of disqualification.
(x)An applicant who passes a required examination must commence the license application process by submitting an application as defined in subdivision (e) with the department within one year of passing the examination for licensure. Where both written and practical tests are required, the license application process must be commenced within one year of passing the practical test.
(3)License examinations administered by other agencies. License examinations administered by other agencies for licenses regulated by the Department shall continue to be subject to such other agency's rules and regulations regarding examinations and investigations until the responsibility for administering particular licensing examinations is transferred to the Department, at which point the provisions of this rule shall apply.
(d)Education, training and experience. An applicant must possess the minimum education, training and/or experience required by the Administrative Code at the time of filing the application. For purposes of this subdivision, the term "experience" refers to that experience gained in the relevant trade as the result of fulltime compensated employment, unless otherwise determined by the Commissioner.
(e)Documentation of education, training and experience submitted with the application. For the purposes of qualification for licensure, "application" refers to the documents submitted to start the background investigation. An applicant must verify the claimed experience by submitting documentation with the application, unless the applicant is required to pass an examination in which case the documentation must be submitted upon passage of such examination. Such documentation must include but not be limited to: (1) Notarized affidavits or a notarized form prescribed by the Department from all past or current employers under whom experience is claimed. Affidavits or forms from New York City licensees shall be sealed where applicable. Affidavits or forms must include the following information: (i) Applicant's job title (helper, journeyman, etc.); (ii) A detailed description of applicant's duties; (iii) When applicant worked with the licensee (employment dates shall be in mm/dd/yyyy format); (iv) Whether employment was on a full or part-time basis, detailing the average weekly hours; and (v) Where license supervision is required, a statement by the licensee that he or she directly supervised applicant's work.
(4)Where the applicant is self-employed, the applicant shall verify that he or she performed qualifying work by submitting documentation, including but not limited to personal and business tax returns, route sheets or work logs from the supervising licensee, contracts with customers, and statements from customers detailing the work the applicant performed and when that work was performed.
(5)Where the applicant did not receive monetary compensation from his or her employer as evidenced by payroll records, such as social security payments, income tax withholding or the disbursement of other funds as required by law for the benefit of such employee, the Department may consider such experience if the applicant can provide evidence of an employer-employee relationship. The applicant must provide a detailed explanation of the nature of the employer-employee relationship, which may include, but is not limited to, written agreements between the applicant and the employer, the employer's workers compensation records, time-keeping records, work logs, or other contemporaneous documentation as the Department may require.
(f)Fitness.
(g)Investigation of applicant.
(h)Issuance of license after approval.
(j)Denial of issuance. Failure to pay any outstanding fines, penalties or fees related to the individual's professional dealings with the City, within a specified time period, may result in the denial of the issuance of any license or registration.
(k)Change of address.
(l)Place of business.
(xi)Welder.
