S T A T E O F N E W Y O R K
________________________________________________________________________
8172
I N S E N A T E
June 14, 2010
___________
Introduced by Sen. HUNTLEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the New York city charter, in relation to docketing of
decisions and orders of the administrative tribunal of the New York
city taxi and limousine commission
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision c of section 2303 of the New York city charter,
as amended by local law number 115 of the city of New York for the year
1993, paragraph 1 as amended by local law number 16 of the city of New
York for the year 2008, is amended to read as follows:
c. (1) The commission shall create an administrative tribunal to adju-
dicate charges of violation of [provisions of the administrative code
and rules promulgated thereunder] THE LAWS, RULES AND REGULATIONS
ENFORCED BY THE COMMISSION PURSUANT TO THE PROVISIONS OF SUBDIVISION B
OF THIS SECTION OR OF ANY OTHER LAW PROVIDING FOR ENFORCEMENT BY THE
COMMISSION IN ACCORDANCE WITH THIS PARAGRAPH AND WITH RULES AND REGU-
LATIONS PROMULGATED BY THE COMMISSION. The commission shall have the
power to enforce its tribunal's decisions and orders imposing civil
penalties, not to exceed ten thousand dollars for each respondent, [for
violations relating to unlicensed vehicles for hire and unlicensed driv-
ers of vehicles for hire and for violations relating to the operation of
commuter van services without authorization and the operation of unli-
censed commuter vans and unlicensed drivers of commuter vans pursuant to
chapter five of title nineteen of the administrative code] as if they
were money judgments, without court proceedings, in the following
manner: Any such decision or order of the commission's administrative
tribunal imposing a civil penalty, whether the adjudication was had by
hearing or upon default or otherwise, shall constitute a judgment
rendered by the commission which may be entered in the civil court of
New York or any other place provided for the entry of civil judgments
within the state. Before a judgment based upon a default may be so
entered the commission or administrative tribunal shall have first noti-
fied the respondent by first class mail in such form as the commission
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17734-01-0
S. 8172 2
may direct: (i) of the default and order and the penalty imposed; (ii)
that a judgment will be entered in the civil court of the city of New
York or any other place provided by law for the entry of civil judgments
within the state of New York; and (iii) that entry of such judgment may
be avoided by requesting a stay of default for good cause shown and
either requesting a hearing or entering a plea pursuant to the rules of
the commission or administrative tribunal within thirty days of the
mailing of such notice.
(2) The commission or tribunal shall not enter any decision or order
pursuant to paragraph one of this subdivision unless the notice of
violation shall have been served in the same manner as is prescribed for
service of process by article three of the civil practice law and rules
or article three of the business corporation law except that:
(a) with respect to any notice of violation which alleges the opera-
tion of [an] A LICENSED OR unlicensed vehicle for hire the operator of
such vehicle who is not the owner thereof but who uses or operates such
vehicle with the permission of the owner, express or implied, shall be
deemed to be the agent of such owner to receive such notice of violation
and service made pursuant to this paragraph on such operator shall also
be deemed to be lawful service upon such owner; or
(b) with respect to any notice of violation which alleges the opera-
tion of an AUTHORIZED OR unauthorized commuter van service or [an] A
LICENSED OR unlicensed commuter van, the operator of the vehicle giving
rise to such violation who is not the owner of such commuter van service
or such commuter van, as applicable, but who uses or operates such vehi-
cle with the permission, express or implied, of the owner of such commu-
ter van service or such commuter van, as the case may be, shall be
deemed to be the agent of the owner of such commuter van service or such
commuter van, as the case may be, to receive such notice of violation.
Service made pursuant to this paragraph on such operator shall be deemed
to be lawful service upon the owner of such commuter van service or
commuter van, as applicable; OR
(C) WITH RESPECT TO ANY NOTICE OF VIOLATION WHICH ALLEGES THE OPERA-
TION OF ANY OTHER LICENSED OR UNLICENSED ENTITY WHOSE ESTABLISHMENT AND
OPERATION ARE GOVERNED BY RULES AND REGULATIONS PROMULGATED BY THE
COMMISSION, SERVICE MAY BE MADE PURSUANT TO THIS PARAGRAPH UPON A PERSON
OF SUITABLE AGE AND DISCRETION EMPLOYED BY OR ACTING AS AN AGENT OF THE
RESPONDENT AT THE RESPONDENT'S PLACE OF BUSINESS.
S 2. This act shall take effect immediately.