§ 68-13 Special Procedures – Mandatory Revocation and Discretionary Revocation (and Other Penalties).
RCNY § 68-13
(a)Mandatory Revocation. Mandatory License revocation will be imposed when a Respondent is found liable for a violation in which mandatory revocation is specified.
(b)Discretionary Penalties. If the Commission seeks Discretionary Revocation or other discretionary penalties as specified in subdivision (b) of 35 RCNY § 68-02, the following procedure must be followed.
(1)The Chairperson must determine that the continued licensure of the Respondent presents a threat to public health, safety, or welfare.
(2)The proceeding must be commenced before the OATH Tribunal.
(3)The Commission must notify the Respondent of the proceeding by serving a written summons detailing the charged misconduct and warning the Respondent that a finding of guilt could result in License revocation.
(4)The Respondent must be served with charges according to the procedures in 48 RCNY Chapter 1, which include the location, date, and time of any scheduled hearing.
(5)The hearing will be conducted by an OATH ALJ and governed by the procedures in 48 RCNY Chapter 1. The affirmative defenses set forth in subdivision (b) of § 19-512.1 of the Administrative Code will be available in the hearing.
(6)The OATH Tribunal decision will be a Recommended Decision. The recommended penalties can include: (A) License revocation, (B) License suspension for a period up to 6 months, (C) a fine not to exceed $1,000 for each offense for which a Licensed Driver is found guilty, and (D) a fine not to exceed $10,000 for each offense for which any other Respondent is found guilty.
