Town of Shelter Island, NY Disciplinary Procedures

Formation and composition.

There is hereby established in and for the Town of Shelter Island a Licensing Review Board, consisting of either three or five members, as may be determined from time to time by the Town Board, who shall be appointed by the Town Board to serve at the pleasure of the Town Board. In no event shall a member serve for more than two years unless reappointed by the Town Board.

(2)

The Town Board shall designate one member of the Licensing Review Board to serve as Chairman thereof.

(3)

A majority of the members shall constitute a quorum of the Licensing Review Board.

(4)

Members of the Licensing Review Board shall be residents of the Town and shall serve voluntarily without salary or compensation.

(5)

At least one member of the Licensing Review Board shall be a home improvement contractor who resides and has his place of business in the Town.

Function. It is the function of this Board to hear and determine any complaint or grievance that may be the basis for recommendation to the Town Board for suspension or revocation of a license or that may be the basis for suspension of a license by the Licensing Review Board, upon a finding that the licensee has been guilty of any one of the following:

(1)

Fraud, misrepresentation or bribery in securing a license.

(2)

The making of any false statement as to a material matter in any application for a license.

(3)

The person or the management personnel of the home improvement contractor are untrustworthy or not of good character.

(4)

The business transactions of the home improvement contractor have been or are marked by a practice of failure to timely perform or complete its contracts or the manipulations of assets or accounts or by fraud or bad faith or is marked by an unwholesome method or practice of solicitation of business from owners.

(5)

Failure to display the license as provided in this chapter.

(6)

Failure to comply with any demand or requirement lawfully made by the Building Inspector, Licensing Review Board or Town Board.

(7)

An agent or employee of a licensee has been guilty of an act of omission, fraud, misrepresentation, and the licensee has approved or had knowledge thereof.

(8)

Violation of any provision of this chapter.

(9)

Abandonment or willful failure to perform, without justification, any home improvement contract or project engaged in or undertaken by a home improvement contractor; or willful deviation from or disregard of plans or specifications in any material respect without the consent of the owner and, where required, from the Building Inspector.

(10)

Making a substantial misrepresentation in the solicitation or procurement of a home improvement contract or making any false promise of a character likely to influence or persuade or induce.

(11)

Any fraud in the execution of, or in the material alteration of, any contract, mortgage, promissory note or other document incident to a home improvement transaction.

(12)

Preparing or accepting any mortgage, promissory note or other evidence of indebtedness upon the obligations of a home improvement transaction with knowledge that it recites a greater monetary obligation than the agreed consideration for the home improvement work.

(13)

Directly or indirectly publishing any advertisement relating to home improvements which contains an assertion, representation or statement of which is false, deceptive or misleading, provided that any advertisement which is subject to and complies with the then-existing rules, regulations or guides of the Federal Trade Commission shall not be deemed false, deceptive or misleading; or by any means advertising or purporting to offer the general public any home improvement work with the intent not to accept contracts for the particular work or at the price which is advertised or offered to the public.

(14)

Willful or deliberate disregard and violation of the building, sanitary, fire and health laws of the Town, county or state.

(15)

Failure to notify the Building Inspector of any change or control in ownership, management or business name or location.

(16)

Conducting a home improvement business in any name other than the one in which the home improvement contractor is licensed.

Procedure.

(1)

The Licensing Review Board shall have the right to determine whether or not it will take jurisdiction of any complaint submitted to it. In the event that it shall deny jurisdiction, such determination shall be in writing, and a copy shall be mailed to the complainant.

(2)

If the Licensing Review Board, upon reasonable cause, should believe that any licensee has violated any of the provisions of this chapter, such Board shall have the power to make such investigation as it shall deem necessary or advisable.

(3)

There shall be no suspension of a license or recommendation that a license be suspended or revoked until after a hearing had before the Licensing Review Board, upon written notice to the licensee of at least 10 days. Such notice shall specify the time and place of the hearing and the ground or grounds which will be the subject of the hearing, and it shall state that the purpose of the hearing is to determine whether the license should be suspended and whether a recommendation of suspension or revocation should be made to the Town Board. Such notice shall be served personally or by certified mail, return receipt requested, addressed to the place of business of the licensee. The licensee and any other interested party shall be given a reasonable opportunity to be heard. A stenographic record of the hearing may be taken and preserved. The determination or recommendation of the Licensing Review Board shall be in writing and shall specify the ground or grounds upon which it is based.

(4)

The Licensing Review Board shall maintain records and files of any and all hearings held by it.

Powers.

(1)

The Licensing Review Board shall have the power to suspend a license, for a period not exceeding 30 days, if it determines that the licensee has been guilty of any act or circumstance set forth in this chapter. Any such determination of suspension shall be final and conclusive. Upon making such determination of suspension, such Board shall direct the Building Inspector to notify the licensee that his license is suspended. Such notice shall be served personally or by certified mail, return receipt requested, addressed to the place of business of the licensee, and such licensee shall immediately surrender his license to the Building Inspector.

(2)

The Licensing Review Board shall have the power to recommend to the Town Board that a license be suspended or revoked by the Town Board.

(3)

In lieu of a suspension or a recommendation to the Town Board, the Licensing Review Board may accept a written assurance of a compromise between the parties.

The Town Board shall have the power to revoke a license if it determines, after a public hearing as hereinafter provided, that the licensee is unfit or undesirable to carry on the home improvement business or is incapable of properly conducting such home improvement business. The Town Board shall have the power to suspend a license if it determines, after a public hearing as hereinafter provided, that the licensee has been guilty of any act or circumstance set forth in of this chapter.

Hearing.

(1)

If the Town Board determines to hold such hearing, it shall notify the licensee that a hearing will be held before the Town Board to determine whether his license should be suspended or revoked. Such notice shall specify the time and place of the hearing and the ground or grounds for suspension or revocation which will be the subject of the hearing. Such notice shall be in writing, shall be served at least 10 days prior to the date of the hearing and shall be served personally or by certified mail, return receipt requested, addressed to the place of business of the licensee.

(2)

At the time and place set for the hearing, the Town Board shall give the licensee and any other interested party a reasonable opportunity to be heard. The decision of the Town Board shall be in writing, shall specify the ground or grounds upon which the decision is based and shall be final and conclusive.

If the Town Board determines that the license of a licensee should be suspended or revoked, the Town Board shall direct the Building Inspector to notify the licensee that his license is suspended or revoked. Such notice shall be served personally or by certified mail, return receipt requested, addressed to the place of business of the licensee. A licensee shall immediately surrender his license to the Building Inspector upon its suspension or revocation by the Town Board.