NY Veh & Traf L § 398-C (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 3 - Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions Article 12-A - Motor Vehicle Repair Shop Registration Act 398-C - Registration Required; Application; Fees and Issuance of Certificate of Registration.

§ 398-c. Registration  required;  application;  fees  and  issuance of certificate of registration. 1. Registration required. On and after  the first  day  of  November, nineteen hundred seventy-five, no person shall operate, or cause to have operated, a motor vehicle repair shop,  unless such  motor  vehicle  repair  shop  is registered in accordance with the provisions of this article and unless  such  registration  is  currently valid.  The commissioner may request the attorney general to commence an action to enjoin the operation of  any  motor  vehicle  repair  shop  in violation  of this subdivision. A violation of this subdivision shall be heard and determined and shall be subject to penalties  as  provided  in section three hundred ninety-eight-i of this chapter.   2. Application. An application for a certificate of registration under this  section  shall  be  filed  with the commissioner, in such form and detail as the commissioner shall prescribe, setting forth:  (a) the name and  the  residence  address  of  the  applicant;  if  an individual,  the  name  under which he intends to conduct business; if a co-partnership, the name and residence address of each  member  thereof, and  the  name  under  which  the  business  is  to  be  conducted; if a corporation where stock is not sold to the public on a stock exchange or over-the-counter market, the name  of  the  corporation,  the  name  and residence address of each of the officers, directors and stockholders of the  corporation  holding more than ten percent of the outstanding stock and the name under which the business is to be  conducted  if  different from  the  name of the corporation; if a corporation whose stock is sold to the public on a stock exchange or over-the-counter market,  the  name and  business  address  of  the  corporation,  the  name under which the business is to be conducted if different from the corporate name  and  a separate statement that the corporation is either registered in New York or is authorized to do business in this state.  (a-1) appropriate certification or documentation from the municipality where the repair shop is located that the facility is in compliance with applicable   zoning  and  planning  regulations,  fire  regulations  and building codes. It shall be  the  responsibility  of  the  applicant  to provide  such  documentation  for the commissioner. The commissioner may waive this requirement for applicants from municipalities  without  such codes or regulations.  (b)  the place or places, including the complete address or addresses, where the business is to be conducted.  (c) on and  after  January  first,  nineteen  hundred  ninety-one,  an indication   as   to   whether  the  applicant  services  motor  vehicle air-conditioning systems and, if so, whether the applicant has purchased approved motor vehicle refrigerant recycling equipment or approved motor vehicle refrigerant recapturing equipment  in  accordance  with  section 38-0107  of  the environmental conservation law. Applicants who indicate that they have purchased approved motor  vehicle  refrigerant  recycling equipment   must   submit   along   with   their  application  either  a manufacturer's certificate issued upon purchase or an invoice with proof of payment. All such documents shall contain the name and address of the repair shop and manufacturer, the date purchased, and the serial numbers of the units acquired.  (d)  such  further  information  as  the  commissioner  may  by   rule prescribe.   The  commissioner may require the applicant to appear at such time and place as may be designated by the commissioner for examination to enable him to determine the accuracy of the facts  set  forth  in  the  written application,  either  for initial registration or renewal thereof. Where the business is  conducted  under  franchise,  lease  or  other  similar arrangement,  the  commissioner,  in  his  discretion,  may  require the  application to be submitted by the franchise  holder,  lessee  or  other person   actually   responsible   for  conducting  the  business.  Every application under  this  section  shall  be  affirmed  as  true  by  the applicant.   3. Fees and issuance of certificate of registration.  (a)  Every original application shall be accompanied by an application fee of ten  dollars,  which  shall  in  no  event  be  refunded.  If  an application  is  approved  by  the  commissioner,  upon  payment  by the applicant of an additional fee of one hundred  fifty  dollars  for  each place  of  business,  the  applicant  shall  be granted a certificate of registration  for  each  place  of  business,   which   certificate   or certificates  shall be valid for a period of two years. The commissioner may, however, in his discretion, issue such certificates of registration on a staggered expiration basis, in  which  event  the  fees  set  forth herein  shall be prorated on a monthly basis. In the event a certificate of registration is issued on a  staggered  expiration  basis,  it  shall expire  on  the  date  fixed  by  the commissioner. The biennial fee for renewal of any certificate  of  registration  issued  pursuant  to  this section shall be one hundred fifty dollars. The commissioner shall issue a  certificate  of  registration  to  each  applicant  pursuant  to  the provisions of this article, which  certificate  shall  be  conspicuously displayed  in  the  place  of  business of the registrant for which such registration is issued. In the case of loss, mutilation  or  destruction of   a   certificate   of  registration,  the  commissioner  shall  upon application issue a duplicate certificate  thereof  upon  proof  of  the facts.  (b)  If  a  certificate  of  registration  under this section shall be issued in the names of two or more persons  as  partners  and  a  change occurs  in  the  membership  of  such  partnership,  the  certificate of registration shall not expire thereupon  so  long  as  any  one  of  the persons  named  in  such  certificate  is a member of the partnership or carries on the business of the partnership as surviving  member  of  the partnership; provided, however, that when any such change occurs and the certificate  of  registration does not expire, the partners or surviving member after such change shall forthwith file with the commissioner  (i) a   statement  regarding  the  change  in  such  form  and  giving  such information as the commissioner  shall  require  or,  where  the  change involves  the  addition  of  one  or  more  new  partners,  (ii)  a  new application as provided in subdivision two of  this  section.  Such  new certificate  of  registration shall expire on the expiration date of the one replaced.  (c) If a certificate of  registration  under  this  section  shall  be issued  and,  subsequent  thereto, the business name of any such shop is changed, or in the event that the owners of a business incorporate  said business  with  no change in the actual ownership and operation thereof, such owner or owners thereof shall forthwith file with the  commissioner a  statement  regarding  the  change  of name in such form and with such information as the commissioner shall require.  (d) Fees assessed under this section shall be paid to the commissioner for deposit to the general fund.   4. If an individual owner of a  registered  repair  shop  dies  or  is adjudged  mentally  incompetent,  his  executor  or administrator or his committee may carry on the  business  by  filing  an  amendment  to  the application  for registration. Every corporation whose stock is not sold to the public on a stock exchange or over-the-counter market shall  file an  amendment to its application for registration if there is any change in its officers, stockholders who hold more  than  ten  percent  of  the outstanding  shares,  or  directors.  Every  repair  shop  shall file an  amendment  to  its  application  for  registration  if  it  changes  its location.  Every such amendment shall be filed within thirty days of the event.