Town of Brookhaven, NY Chapter 90 Certificate of Registration Requirements for Expeditors

[HISTORY: Adopted by the Town Board of the Town of Brookhaven 12-19-2019 by L.L. No. 28-2019. Amendments noted where applicable.]

§ 90-1 Legislative intent.

A. The Town Board finds that individuals and businesses often hire "expeditors" to assist in moving their permit applications through the various department(s) within the Town. The Town Board of the Town of Brookhaven also finds that no special qualifications or expertise are required for persons who provide expediting services, requiring that prior to engaging in expediting activities in the Town of Brookhaven, expeditors, and their employee(s), should be required to register with the Town of Brookhaven.

B. The Town Board determines that a registration requirement for expeditors will allow for greater transparency and efficiency in the permitting process.

C. The Town Board also finds that a registration requirement will allow the Town to hold expeditors accountable and suspend or revoke the registration of expeditors where there is a finding of misconduct by the Commissioner or after appeal by the hearing officer, thereby protecting Town of Brookhaven applicants who avail themselves of expediting services.

D. The purpose of this chapter is to establish a registration requirement for expeditors and their employee(s) who engage in expediting activities in the Town of Brookhaven.

E. This chapter sets forth standards, requirements and procedures for the registration of expeditors.

§ 90-2 Definitions.

For purposes of this chapter, the following terms, words and phrases shall have the meanings indicated as follows:

COMMISSIONER

The Commissioner of Planning, Environment and Land Management.

DEPARTMENT

A department within the Town of Brookhaven that accepts and processes an application for the issuance of a permit or other approval by the Town of Brookhaven, including the filing of an application or requesting or negotiating the approval of such application.

EXPEDITING SERVICE

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 a department, including the filing of an application with a department or requesting or negotiating the approval of such application.

EXPEDITOR

Person(s), principal(s) or their employee(s), or self-employed individuals who engage in the business of submitting, filing, requesting, negotiating or otherwise seeking the approval of applications for issuance of permits, or other approvals, including the approval of design and installation documents.

PERSON

Any natural person, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, or other entity or business organization of any kind.

REGISTRANT

Any person who has obtained an expeditor registration certificate from the Town of Brookhaven in accordance with the provision of this law.

§ 90-3 Annual registration requirement of expeditors; registration fees.

[Amended 6-4-2020 by L.L. No. 7-2020, effective 6-17-2020]

A. It shall be unlawful for any person to provide, or offer to provide, expediting services in the Town of Brookhaven without first obtaining an expeditor registration certificate from the Town of Brookhaven in accordance with the provisions of this chapter. The certificate of registration is valid only for the specific person to whom it is issued.

B. The provisions of this chapter shall not apply to the following person(s):

(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 the premises for which the application is filed, when authorized to do so by the owner of the premises 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.

(6) An agent who is not engaged in providing an expediting service or who is not an expeditor.

§ 90-4 Application procedure; information required; qualifications.

A. All applications for registration certificates shall be submitted in writing on forms furnished by the Town of Brookhaven. The application shall be signed under oath. Where a corporation is an applicant, the applications shall be signed under oath by an authorized officer of such corporation.

B. An individual applicant must be at least 18 years of age and of good character. 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.

§ 90-5 Term of registration; renewal; fees.

A. The initial application fee for an expeditor certificate of registration shall be as established by Town Board resolution, which includes the issuance of an expeditor certificate of registration.

(1) Each employee of the corporation, unincorporated association, proprietorship, firm, partnership, joint venture, or other entity or business organization shall, before appearing before the Town of Brookhaven to perform expediting services, be registered at a fee as established by Town Board resolution.

B. Registration certificates should be valid for a period of one year from the date of issuance.

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 business address, notify the department of such change.

F. The scheduling of appointments for registrants shall be at the sole discretion of the Commissioner.

G. The Town of Brookhaven shall maintain a list of all registrants.

§ 90-6 Prohibited activities.

No expediting service or registrant shall claim or otherwise represent that they are a governmental entity or a part thereof or affiliated with an entity of government.

§ 90-7 Fines; suspension or revocation of registration; hearing.

A. The Commissioner may impose a civil fine not to exceed $500, revoke an expeditor registration certificate, suspend an expeditor registration certificate and/or deny an application to renew an expeditor registration certificate upon at least seven business days' notice to the last known address of the registrant and an opportunity to be heard. Such notice shall be served either personally or by written notice, return receipt requested, and shall state the date and place of the hearing as well as enumerate the grounds constituting the allegations against such registrant. Prior to fining a registrant, revoking an expeditor registration certificate, suspending an expeditor registration certificate and/or denying a renewal of an expeditor registration certificate, the Commissioner shall determine the registrant has engaged in one or more of the following:

(1) Fraud, deceit, misrepresentation or bribery in securing an expeditor registration certificate.

(2) The making of any false statement in an application for an expeditor registration certificate.

(3) Violation of any provision of this chapter, any other appropriate law or any rule or regulation promulgated thereunder.

(4) Fraud, deceit or misrepresentation in providing expediting services.

B. An appeal from the imposition of a civil fine, revocation of an expeditor registration certificate, suspension of an expeditor registration certificate and/or denial of an application to renew any expeditor registration certificate may be taken by the registrant, by written request to the Commissioner, made within 30 days from the date of the imposition of the fine, revocation of the expeditor registration certificate, suspension of the expeditor registration certificate and/or denial of an application to renew an expeditor registration certificate. A hearing before a hearing officer on such appeal shall be held after receipt of written request of such appeal to the Commissioner. The registrant may be represented by counsel and may produce witnesses on his or her own behalf. A verbatim record of the hearing shall be taken and preserved. For purposes of such hearing, the hearing officer 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. After such hearing, the hearing officer shall make written findings and conclusions and render a decision. The decision shall state whether the hearing officer is sustaining the imposition of a civil fine, revocation of an expeditor registration certificate, suspension of an expeditor registration certificate and/or denial of an application to renew an expeditor registration certificate, or reversing the imposition of the fine, reducing the fine amount, reinstating the expeditor registration certificate and/or renewing the expeditor registration certificate, within 30 days after close of the hearing.

§ 90-8 Penalties for failure to register.

[Amended 6-4-2020 by L.L. No. 7-2020, effective 6-17-2020]

Any person who provides expediting services without first obtaining a registration certificate from the Town of Brookhaven 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 minimum fine of $1,000 and a maximum fine of $10,000 or imprisonment of not less than 15 days, nor more than one year, or both. Each expediting service performed by a person without a valid registration certificate shall be deemed a separate offense.

§ 90-9 Authority.

The Town Board is vested with the authority to make these amendments by local law pursuant to Municipal Home Rule Law § 10 and in conformance with Municipal Home Rule Law § 20.