[Adopted 8-21-2012 by L.L. No. 51-2012]
A.
This Legislature hereby finds and determines that the Department
of Health Services and the Board of Health regulate many activities
that affect the public health of the residents of Suffolk County.
This Legislature also finds that the Department of Health Services
considers applications and issues permits to individuals and businesses
to conduct certain activities that are regulated by the Department.
This Legislature further finds that a fundamental area of concern
for the Department of Health Services and the Board of Health is the
protection of the County's surface waters and underground drinking
water supply under Article 6 of the Suffolk County Sanitary Code.
This Legislature also determines that the Department of Health Services
must approve the water supply and sewage disposal facilities for proposed
realty subdivisions, development and other construction projects.
B.
This Legislature finds that individuals and businesses often hire
"expeditors" to assist in moving their permit applications through
the Department of Health Services. This Legislature also finds that
no special qualifications or expertise are required for persons who
provide expediting services. This Legislature further finds that expeditors
working with the Department of Health Services should be required
to register with the County of Suffolk. This Legislature determines
that a registration requirement for expeditors will allow for greater
transparency in the permitting process. This Legislature also finds
and determines that a registration requirement will allow the County
to hold expeditors accountable and suspend or revoke the registration
of expeditors who are guilty of misconduct and thereby protect consumers
who avail themselves of expediting services.
C.
Therefore, the purpose of this article is to establish a registration
requirement for expeditors who interface with the Department of Health
Services.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Department of Consumer Affairs.
The Department of Consumer Affairs.
A service which provides, for any compensation or consideration,
assistance in expediting or progressing an application for the issuance
of a permit or other approval by the Department of Health Services,
including the filing of an application with the Department or requesting
or negotiating the approval of such application.
Any natural person, corporation, unincorporated association,
proprietorship, firm, partnership, joint venture, joint-stock association,
or other entity or business organization of any kind.
A.
Except as provided in Subsection B of this section, it shall be unlawful for any person to provide, or offer to provide, expediting services without first obtaining an expeditor registration certificate from the Department in accordance with the provisions of this article.
B.
The following persons are exempt from the registration requirements
of this article:
(1)
The owner of the premises for which the application is filed, including,
and in the case of partnerships or corporations, the general partners
or the principal officers of the corporation.
(2)
The lessee of a premises for which the application is filed, when
authorized by the owner to file the application.
(3)
Registered architects licensed by the New York State Department of
Education.
(4)
Professional engineers licensed by the New York State Department
of Education.
(5)
Attorneys duly admitted to practice law in the State of New York.
A.
All applications for registration certificates shall be submitted
in writing on forms furnished by the Department. The application shall
be signed under oath. Where a corporation is an applicant, the applications
shall be signed under oath by an officer of such corporation.
B.
An individual applicant must be at least 18 years of age and of good
character. Consistent with Article 23-A of the New York Correction
Law, the Commissioner may deny registration to a person who has been
convicted of a criminal offense related to giving or receiving a bribe,
giving or receiving unlawful gratuities, official misconduct or other
corruption-related acts.
A.
The initial application fee for an expeditor certificate of registration
shall be $100.
B.
Registration certificates should be valid for a period of two years
from the date of issuance. The fee for an expeditor certificate of
registration shall be $100 per annum, $200 biennially.
C.
No registration certificate shall be assignable or transferable.
D.
No registrant shall permit or authorize the use of his or her registration
certificate by or on behalf of any other person.
E.
Each registrant shall, within 10 business days after a change of
address, notify the Department of such change.
A.
No expediting service shall claim or otherwise represent that it
is a governmental entity or a part thereof or affiliated with an entity
of government.
B.
No person shall enter into a contract or agreement with another party
to provide expediting services unless such contract sets forth, in
clear and conspicuous language, a schedule of the fees to be charged
for such service and a provision permitting the other party, at any
time within three days after having entered into such contract or
agreement, to cancel such contract or agreement and receive a full
refund of any fee or deposit already paid.
A.
The Commissioner shall have the power to impose a civil fine not
to exceed $500 upon a registrant, to suspend or revoke a registration
or to deny an application for the renewal of a registration for any
one or more of the following causes:
(1)
Fraud, deceit, misrepresentation or bribery in securing a registration
certificate.
(2)
The making of any false statement in an application for a registration
certificate.
(3)
Violation of any provision of this article, any other appropriate
law or any rule or regulation promulgated thereunder.
(4)
Fraud, deceit or misrepresentation in providing expediting services.
B.
No registration shall be suspended or revoked nor a fine imposed
until after a hearing has first been held before the Commissioner
upon at least seven business days' notice. Such notice shall
be served either personally or by certified mail, return receipt requested,
to the last known address of the registrant and shall state the date
and place of the hearing as well as enumerate the grounds constituting
the allegations against such registrant. The registrant may be represented
by counsel and may produce witnesses in his or her own behalf. A verbatim
record of the hearing shall be taken and preserved. For purposes of
such hearing, the Commissioner may administer oaths, take testimony,
subpoena witnesses and compel the production of books, paper, records
or other documents deemed pertinent to the subject of the hearing.
Any person who provides expediting services without obtaining
a registration certificate therefor or who shall continue to provide
expediting services after having had his/her registration suspended
or revoked shall be guilty of a misdemeanor and, upon conviction,
shall be subject to a fine of not more than $5,000 or imprisonment
for not more than one year, or both. Each such violation shall be
deemed a separate offense.
This article will take effect 90 days after its filing in the
Office of the Secretary of State.
