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What is NYC AC § 20-421?

Quick Answer

This section outlines the process for informal adjustment of complaints against licensed individuals. The commissioner is responsible for investigating complaints and may recommend measures for resolution. The outcomes depend on whether the licensee or complainant accepts the recommendations. Applies to licensed individuals under the specified subchapter.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-421 Informal adjustment of complaints.

AC § 20-421

1.The commissioner shall receive complaints from the public against any person issued a license pursuant to this subchapter.

2.The commissioner shall make a summary investigation of the facts.

3.After investigation, the commissioner may advise the licensee of the contents of the complaint and may recommend measures that would compensate the complainant for any damages suffered as a result of the conduct of the licensee or make recommendations which otherwise may reasonably dispose of the complaint. If the licensee accepts the commissioner's recommendations and performs accordingly, such fact shall be given due consideration in any subsequent disciplinary proceedings instituted by the commissioner. If the licensee declines to accept the recommendations of the commissioner and to perform accordingly, the commissioner may investigate further or may institute a departmental hearing with respect to the complaint, and may thereafter require the licensee to make proper restitution to the complainant and may also take such disciplinary action as provided in this subchapter.

4.If the licensee accepts the recommendations of the commissioner and is willing to perform accordingly, but the complainant refuses to accept such recommendations, the commissioner shall not be required to take further action with respect to the complaint. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.

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