New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter F - BUSINESSES REQUIRING LICENSES
Part 82 - Motor Vehicle Repair Shops
Section 82.4 - Suspension, revocation or refusal to issue registration
Universal Citation: 15 NY Comp Codes Rules and Regs ยง 82.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The commissioner, or any person deputized by him, may deny the application of any person for a certificate of registration and may suspend or revoke the registration of any motor vehicle repair shop or refuse to issue a renewal thereof if he determined that such applicant or registrant:
(1) has made a
material false statement or concealed a material fact in connection with his
application;
(2) was the former
holder of a certificate of registration issued hereunder which was revoked or
suspended by the commissioner;
(3)
was, or that any officer, director, partner or stockholder holding more than 10
percent of the outstanding stock was an officer, director, partner or
stockholder holding more than 10 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a certificate of registration issued hereunder which was revoked or suspended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;
(4) has failed
to furnish satisfactory evidence of good character, reputation and
fitness;
(5) does not have a place
of business as required by this Part;
(6) is not the true owner of the repair shop,
except in the case of a franchise or lease;
(7) has been guilty of fraud or fraudulent or
deceptive practices;
(8) has within
a two-year period, been grossly negligent on two or more occasions in the
performance of any repair or adjustment covered by the act or this Part, or,
within a two-year period, has grossly overcharged on two or more occasions for
such repair or adjustment;
(9) has
willfully failed to comply with any of the provisions of the act or the rules
and regulations of the commissioner promulgated thereunder;
(10) has knowingly issued a false or
misleading estimate; or
(11) 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 Insurance governing the evaluation and adjustments of claims.
(b) For the purposes of paragraphs (a)(7)-(11) of this section, 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.
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