§ 4-01 Responsibilities of Auditors.
RCNY § 4-01
Where the Commission requires, pursuant to Subdivision a of § 16-511 of the Code, that a licensee enter into a contract with an independent auditor, such licensee must cooperate with such auditor in the performance of the responsibilities set forth in such contract and this section.
(a)An auditor shall: (1) Investigate the activities of the licensee with respect to: (i) compliance with the provisions of Local Law Number 42 for the Year 1996 and the provisions of this chapter; (ii) compliance with all Federal, State, and local laws applicable to trade waste removal and any rules or regulations promulgated thereunder; (iii) any transfer of ownership interest in the business of the licensee; (iv) any litigation entered into by the licensee against a customer or another licensee or its customer or a trade waste broker; (v) any sales, assignments or purchases of contracts; (vi) any activity of the licensee that may violate laws or regulations prohibiting anti-competitive activities or unfair trade practices; and (vii) any membership in a trade association; (2) Audit the books and records of the licensee; (3) Have authority to verify employees and capital equipment of the licensee; (4) Accompany trucks operated by the licensee in order to verify amounts of trade waste collected and the disposal of such waste; (5) Verify the costs and revenues relating to business arrangements of the licensee with truckers, transfer stations, landfills, recycleries, trade waste brokers, and manufacturers, including paper processors and printing establishments; and (6) Have such additional duties and responsibilities as the Commission determines are necessary in the case of a licensee in order to ensure that such licensee performs in a manner consistent with the purposes of Local Law Number 42 for the Year 1996.
(b)An auditor must promptly report the findings of investigations conducted, pursuant to this section to the Commission but must report to the Commission on his or her activities at least on a quarterly basis, except that an auditor must report immediately to the Commission any decisions by the licensee to assign contracts for the removal, collection, or disposal of trade waste, decisions to transfer ownership interest or assets in excess of ten thousand dollars ($10,000) to another person or entity or the initiation of litigation against a customer, another trade waste removal business or its customer, or a trade waste broker. The licensee must fully cooperate with the auditor, and the auditor must immediately report to the Commission any failure of the licensee to cooperate. (Amended City Record 3/6/2018, eff. 4/5/2018)
