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What is NYC AC § 20-564.1?

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This section establishes the requirement for obtaining a license to operate as a construction labor provider in New York City. It outlines the application process, necessary information, and conditions for denial or revocation of the license. Applies to individuals or entities engaging in construction labor provision without a license.

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

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§ 20-564.1 License.

AC § 20-564.1

a. It shall be unlawful for any person to engage in business as a construction labor provider without first having obtained a license from the department pursuant to this subchapter. Licenses issued pursuant to this subchapter shall be valid for no more than two years and expire on a date the commissioner prescribes by rule. A license to operate as a construction labor provider shall be granted in accordance with the provisions of this subchapter and any rules promulgated by the commissioner thereunder. b. There shall be a fee of $200 to apply for or renew a license issued under this subchapter. c. In addition to an applicant's name, address, email address, corporate structure and ownership, the names of each principal and officer, and other information as the commissioner may require, an applicant for a license required by this section or renewal thereof shall furnish the following information: 1. If the applicant is a non-resident of the city, the name and address of a registered agent within the city upon whom process or other notifications may be served.

2.A signed statement certifying: (a) Compliance with all laws, regulations and rules applicable to doing business as a construction labor provider; (b) That the applicant has no outstanding final judgments or warrants against the applicant in any action arising out of a violation of this subchapter or any rules promulgated thereunder; (c) That the applicant maintains a commercial general liability insurance policy in the amount of one million dollars per occurrence and two million dollars in the aggregate; and (d) That the applicant maintains workers' compensation coverage, unemployment insurance, and disability insurance for covered construction workers employed by such applicant, in compliance with law; 3. For the renewal of such license, the following information on business operations: (a) The total number of covered construction workers employed during the preceding license term; (b) The average hourly rate of wage paid to covered construction workers, as of the date of application, disaggregated by workers' compensation classification code; (c) Types and hourly value of supplemental benefits paid to covered construction workers, as of the date of application, disaggregated by workers' compensation classification code; (d) The name of each third party client during the preceding license term; and (e) The address of each site where covered construction workers worked during the preceding license term, disaggregated by third party client for whom the work was performed. d. Denial, renewal, suspension and revocation of license. In addition to any powers of the commissioner and not in limitation thereof, the commissioner may deny or refuse to renew any license required under this subchapter and may suspend or revoke any such license, after due notice and opportunity to be heard, if it is found that: 1. The applicant has failed to satisfy any fine or civil penalty ordered against such applicant in a judicial or administrative proceeding arising out of a violation of this subchapter or chapter one of this title or any rules promulgated thereunder; 2. An entity to which the applicant is a successor has failed to satisfy any fine or civil penalty ordered against such entity in a judicial or administrative proceeding arising out of a violation of this subchapter or chapter one of this title or any rules promulgated thereunder; 3. The applicant failed to answer a summons, notice of violation, request for records, or subpoena, appear for a hearing, or provide truthful information or documentation to the commissioner in connection with the application or other request for information; 4. The applicant or an entity to which the applicant is a successor committed two or more violations of any provision of this subchapter, chapter one of this title, chapter five of title twenty of this code, or any rules promulgated thereunder in the preceding two years; 5. There has been a final determination of liability against the applicant in a civil, criminal or administrative action involving egregious or repeated nonpayment or underpayment of wages or other illegal acts or omissions bearing a direct relationship to the fitness of the applicant to conduct the business; or 6. The applicant failed to submit the records described in section 20-564.4 for inspection by the department. (L.L. 2021/150, 12/11/2021, eff. 6/9/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/150.

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