Section 20-425
§ 20-425 Definitions. Whenever used in this subchapter the following
terms shall mean:
a. "Disabled" means a person who has a physical or medical impairment
resulting from anatomical or physiological conditions which prevents the
exercise of a normal bodily function or is demonstrable by medically
accepted clinical or laboratory diagnostic techniques.
b. "Products for the Disabled" means any instrument or device either
represented as an aid for or designed specifically or substantially for
the disabled. This includes but is not limited to: braces, crutches,
prosthetic devices, ostomy supplies and equipment, orthotic devices,
self-help aids and wheelchairs. This subchapter does not apply to
prosthetic dental devices, or any product, instrument or device the
manufacturing, retailing or distribution of which is licensed by any
other state or local law.
c. "Person" means any firm, partnership, association, corporation or
individual.
d. "Dealer" means any person who engages in a business which
substantially involves the selling, renting, repairing, or adjusting of
products for the disabled, and who is not licensed or registered by any
other state or local law.
e. "Repair and Service" includes repair, adjustment, modification,
maintenance, removal or installation of any integral parts, attachments
or accessories to products for the disabled, whether done for
compensation, other consideration, or under a warranty.
f. "Written Estimate" means a signed writing containing:
1. a listing of the parts to be replaced and the cost of the
replacements; and
2. a general description of the labor required for the repair and its
cost; and
3. a statement of additional charges, if any, for the estimate, any
service call, or any other extra charge excluding tax; and
4. the promised date of completion of the repair or delivery of
purchased goods; and
5. a form statement that the final cost, excluding tax, will not
exceed the estimated cost by more than twenty percent. This statement
need not be given if the final cost, excluding tax, will not be more
than the estimated cost.
g. "Final Bill" means a signed writing containing:
1. an itemization of each replacement part, including a description by
make and model or serial number or by class and type or such other
description as will reasonably identify each part, and including the
charge for each replacement part; and
2. a statement of the labor required for the repair and the total cost
of such labor; and
3. a statement of additional charges, if any, for the estimate, pickup
and delivery, service charge and any other charges.
Section 20-426
§ 20-426 License required. a. It shall be unlawful for any dealer to
engage in the selling, renting, fitting, repairing, or servicing of, or
making adjustments to, products for the disabled without a license
therefor.
b. An application for a license shall be made to the commissioner.
c. Any person maintaining more than one facility where such services
are performed may file a single application for a license, but must pay
a separate fee for each facility.
d. If the business is to be carried on under a fictitious name, such
name shall be stated on the application for a license. If the dealer is
a partnership, any identifying data prescribed by the commissioner must
be stated for each partner. If the dealer is a corporation, data as to
each of the officers and directors as well as the individual in charge
of each place of business must be included.
e. A license issued under this subchapter is not assignable or
transferable.
f. Every license issued under this subchapter must be posted
conspicuously on the licensee's premises and must be accessible for
inspection by any interested person.
Section 20-428
§ 20-428 Denial of license. The commissioner may deny or refuse to
renew a license if any applicant, partner, officer or director
identified in the application for a license:
a. Previously held a license issued under this subchapter which was
revoked or suspended without the terms of the suspension being
fulfilled;
b. Has committed an act which, if committed by a licensee, would be
grounds for suspension or revocation of a license issued pursuant to
this subchapter;
c. Has acted in the capacity of a licensee under this subchapter
without a license therefor;
d. Has been convicted of a crime or offense which relates to the
operation of a business dealing in the sale, rental, repair or servicing
of products for the disabled.
Section 20-429
§ 20-429 Power and duties of the commissioner. a. The commissioner may
make and promulgate such rules and regulations as may be necessary for
the proper implementation and enforcement of this subchapter.
b. In addition to any other powers of the commissioner, and not in
limitation thereof, the commissioner shall have the power to enforce the
provisions of this subchapter, to investigate any violation thereof, and
to investigate the business, business practices and business methods of
any person who is or may be subject to this subchapter, if in the
opinion of the commissioner such investigation is warranted. Each person
shall be obliged upon the request of the commissioner to supply such
information as may be required concerning the business practices or
methods or the proposed business practices or methods.
c. For the purpose of enforcing the provisions of this subchapter, and
in conducting investigations relating to any violation thereof, and for
the purpose of investigating the character, competence and integrity of
any person who is or may be subject to this subchapter, and the business
or business practices or methods thereof, the commissioner, or the
commissioner's designee shall have the power to compel the attendance of
witnesses and the production of books and records, in accordance with
the provisions of chapter one of this title of this code.
Section 20-430
§ 20-430 Duties of licensees. a. All work performed by a dealer shall
be recorded legibly on an invoice which shall contain the license number
and the exact name and business address of the person or business
entity. The invoice shall fully, separately and clearly describe the
type and make of the device, all service work performed, all parts
supplied, the date or dates thereof, and all charges made and the
computations thereof. A copy of the invoice shall be delivered to the
customer and the other shall be retained by the dealer for a period of
at least three years from the date of such delivery.
b. Upon request by telephone, in person or in writing, the dealer must
provide information as to price and anticipated delivery date for the
rental, sale, repair or service of any product covered by this
subchapter.
c. The dealer must give a prospective customer a written estimate for
labor and parts required for a specific job if he or she intends to take
the job. No charge for work performed or parts supplied in excess of
twenty percent over written estimate shall be made unless the consent of
the customer was obtained as described in section 20-425 of this
subchapter before such work was done, parts supplied or services
rendered.
d. The dealer shall return all replaced parts to the customer, except
such parts as may be exempted from this requirement by regulations of
the commissioner and except such parts as the service dealer requires
for return to the manufacturer or distributor under a warranty
arrangement.
e. A dealer shall not make the remuneration, salary, wage or other
compensation of any partner, staff member, or employee contingent or
dependent upon, or in any manner determined by the value, price,
quantity or type of parts replaced, upon any apparatus serviced or
repaired by any person required to be licensed by this subchapter.
f. Every dealer shall maintain any additional records required to be
kept by regulations adopted by the commissioner for a period of three
years. Such records must be available for inspection by the commissioner
or other law enforcement officials.
g. No dealer shall charge a total price, excluding tax, which is more
than twenty percent above the written estimate.
h. No dealer shall fail to deliver the repaired item or purchased
goods, together with a final bill, as defined above, on the promised
completion date, unless the consumer is notified of the delay and the
anticipated completion date. If complete repair is delayed for an
unreasonable period of time the consumer shall have the right to the
immediate return of the property.
Section 20-431
§ 20-431 Revocation or suspension of a license. After due notice and
hearing subject to section 20-432 the commissioner or the commissioner's
designee may revoke or suspend any license required under this
subchapter or deny renewal of one upon a determination that a licensee:
a. Has been convicted of a crime or offense which in the judgment of
the commissioner would constitute evidence that the licensee would be
unfit to properly discharge his or her responsibilities under this
subchapter.
b. Has practiced fraud or misrepresentation upon a customer or in
establishing his or her qualifications for a license under this
subchapter.
c. Has made false promises of a character likely to influence,
persuade or induce a customer to authorize the sale, repair, maintenance
or servicing of any product covered by this subchapter.
d. Has failed to perform work or service in accordance with accepted
trade standards.
e. Has violated any of the provisions of this subchapter or the
regulations promulgated thereunder or has knowingly caused, permitted,
aided or abetted another in committing such violation.
Section 20-432
§ 20-432 Complaints; hearing, remedies. The commissioner shall receive
and investigate complaints from the public against any person issued a
license pursuant to this subchapter, and after due notice and hearing,
the commissioner may suspend or revoke the license or order any other
measures deemed reasonable.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.