§ 398-E Suspension, revocation or refusal to issue registration; civil penalty; restitution; surrender of certificate of registration
VTL § 398-E
§ 398-e. Suspension, revocation or refusal to issue registration; civil penalty; restitution; surrender of certificate of registration.
1.Suspension, revocation or refusal to issue registration or license. The commissioner, or any person deputized by him, may deny the application of any person for a certificate of registration or estimator's license and may suspend or revoke the registration of any motor vehicle repair shop or any estimator's license issued pursuant to this article or refuse to issue a renewal thereof if he determines that such applicant, registrant or licensee:
(a)has made a material false statement or concealed a material fact in connection with his application;
(b)was the former holder of a certificate of registration issued hereunder which was revoked or suspended by the commissioner;
(c)was, or that any officer, director, partner or stockholder holding more than ten percent of the outstanding stock was an officer, director, partner or stockholder holding more than ten percent of the outstanding stock in a corporation or partnership, as the case may be, which was the former holder of a certificate of registration issued hereunder which was revoked or suspended by the commissioner;
(d)has failed to furnish satisfactory evidence of good character, reputation and fitness;
(e)does not have a place of business as required by this article;
(f)is not the true owner of the repair shop, except in the case of a franchise;
(g)has been guilty of fraud or fraudulent or deceptive practices;
(h)has been grossly negligent on two or more occasions within a period of two years in the performance of any repair or adjustment covered by this article, or has grossly overcharged on two or more occasions within a period of two years for such repair or adjustment;
(i)has wilfully failed to comply with any of the provisions of this article or the rules and regulations of the commissioner promulgated hereunder;
(j)has knowingly issued a false or misleading estimate;
(k)has engaged in a course of conduct which unreasonably impedes or delays a consumer's right to a fair recovery pursuant to the provisions of an automobile insurance policy, the insurance law or regulations issued by the superintendent of financial services governing the evaluation and adjustments of claims; or
(l)has wilfully violated paragraph (b) of subdivision thirty-one, subdivision thirty-one-a or subdivision thirty-one-b of section three hundred seventy-five of this chapter.
For the purposes of paragraphs (g), (h), (i), (j) and (k) of this subdivision, it shall be presumed that the actions of any employee of a motor vehicle repair shop shall be attributable to, and deemed to be the actions of, such motor vehicle repair shop.
2.Civil penalty; suspension for failure to pay.
3.Restitution; assessment.
4.Surrender of certificate of registration. Upon the suspension or revocation of a certificate of registration by the commissioner and the issuance of notice thereof, the registrant shall immediately deliver the certificate of registration to the commissioner or to any peace officer, acting pursuant to his special duties, or police officer directed by the commissioner to secure possession thereof, or agent of the commissioner, displaying authorization to act in such capacity along with a certified copy of the order revoking or suspending such registration, and the failure to so deliver the certificate within thirty days shall constitute a traffic infraction and shall be punishable in the manner provided in section eighteen hundred of this chapter.
