N.Y. Comp. Codes R. & Regs. tit. 15 § 82.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 82.6 - Civil penalty and restitution

(a) The commissioner, or any person deputized by him, in addition to or in lieu of revoking or suspending the certificate of registration of a registrant in accordance with the provisions of the act or this Part, or upon finding that a registrant has been grossly negligent in the performance of any repair or adjustment covered by the act or this Part, or has grossly overcharged for such repair or adjustment, may in any one proceeding by order require the registrant to pay to the People of this State a penalty for a first violation in a sum not exceeding $750 for each violation found to have been committed, and for a second or subsequent violation not arising out of the same incident both of which were committed within a period of 30 months, be a civil penalty of not more than $1,000 for each violation found to have been committed; provided, however, the penalty for each and any violation of paragraph (g) of subdivision one of section 398-e of the Vehicle and Traffic Law found to have been committed shall be no less than $350 and no more than $1,000, except that if a finding of financial loss is made pursuant to subdivision (b) of this section, the amount of such penalty may be increased by the amount of financial loss so found. Upon the failure of such registrant to pay such penalty within 30 days after the mailing of such order, postage prepaid, registered, and addressed to the last known place of business of such registrant, the commissioner may revoke the certificate of registration of such registrant or may suspend the same for such period as he may determine without further proceedings.

(b) Upon a determination that a registrant has done or failed to do any act for which suspension of the registrant's registration or a civil penalty against the registrant could be imposed, the person making such determination may make a finding of financial loss to any complainant or complainants resulting from the actions of the registrant. The person making such finding may provide that if the registrant makes restitution to the complainant or complainants for the amount or amounts so found, the payment of such restitution may be substituted in lieu of any suspension or civil penalty, or a specified portion thereof imposed upon the registrant. However, a finding of financial loss shall only be made if the complainant:

(1) agrees to accept the amount so found, if offered by the registrant; and

(2) is not a party to any litigation which is pending or which has gone to judgment in relation to the same matter in any civil court.

(c) The amount of financial loss which may be found and proposed as restitution shall be limited to an amount necessary to repair the vehicle or vehicles in question and/or any amount of overcharge which may be found. Neither punitive nor incidental damages may be included in the finding of financial loss.

(d) If payment of restitution to the complainant is authorized in lieu of all or a portion of a suspension or civil penalty, in order for the registrant to exercise the option to make such payment, such payment must be made by means of a certified check or money order payable to the complainant or complainants delivered to an office of the department as directed by the commissioner or his agent within 30 days of the date of notice of suspension and/or civil penalty. Upon receipt of such certified check or money order, the department shall forward the same to the complainant or complainants.

(e) If payment of restitution may be substituted in lieu of a civil penalty or portion of a civil penalty, and the registrant does not exercise the option to make such payment, the civil penalty becomes due as provided in subdivision (a) of this section.

(f) Any payment made in compliance with such a finding of financial loss shall not preclude any civil action which may be brought by either the complainant or registrant, and any such finding may be considered but shall not be binding upon any court before which any such action is brought.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.6