reglab/statecodes huggingface dataset:
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-C - State Board of Real Estate Appraisal.

§ 160-c.  State  board  of  real  estate appraisal. 1. There is hereby
  established within the department of state a state board of real  estate
  appraisal  which  shall  consist of nine members, three of whom shall be
  public members and six of whom shall  be  real  estate  appraisers,  who
  shall  have and exercise the powers of the board as set forth in section
  one hundred sixty-d of this article.
2. Three members shall be appointed by the governor, one of whom shall
  be a public member; two members shall  be  appointed  by  the  temporary
  president  of  the  senate, one of whom shall be a real estate appraiser
  and one of whom shall be a public member; two members shall be appointed
  by the speaker of the assembly, one of  whom  shall  be  a  real  estate
  appraiser  and one of whom shall be a public member; one member shall be
  appointed by the minority leader of the  senate;  one  member  shall  be
  appointed  by  the  minority  leader  of  the assembly. The term of each
  member shall be five years.
3. Notwithstanding the foregoing, the members of the first  board  who
  are real estate appraisers, need not be certified or licensed under this
  article prior to their appointment to the board. The board shall appoint
  an executive secretary who shall be a real estate appraiser.
4.  The  executive  secretary  and real estate appraiser members first
  appointed to the board shall be certified  designated  members  in  good
  standing  of  a nationally recognized real estate appraisal organization
  that as of June first, nineteen hundred eighty-nine, required  appraisal
  experience,  education  and  testing  in  order  to  become a designated
  member, in addition to adherence to standards of  professional  practice
  in  order  to retain such designation. Each real estate appraiser member
  of the board appointed after January first, nineteen hundred ninety-six,
  must be a state certified real estate appraiser. At  least  one-half  of
  the  appraiser  members  appointed after January first, nineteen hundred
  ninety-six, shall hold the general appraisal  certificate.  Any  vacancy
  occurring  on  the  board  shall  be  filled  within  sixty  days of its
  occurrence, in the same manner as the  member  whose  vacancy  is  being
  filled  was  appointed.  A  person appointed to fill a vacancy occurring
  other than by expiration of a term shall be appointed for the  unexpired
  term  of  the  member he succeeds.  No person shall serve as a member of
  the board for more than two consecutive terms. The public members of the
  board shall not be engaged in the practice of real estate appraising.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-E - Powers of the Department.

§ 160-e. Powers  of  the  department.  The  department  shall have the
  following powers and duties:
1. To receive applications for certification and licensing;
2.  To  establish  the  administrative   procedures   for   processing
  applications for certification and licensing;
3.  To approve or disapprove applications for certification or license
  and issue certificates or licenses;
4. To maintain a  registry  of  the  names  and  addresses  of  people
  certified or licensed under this article;
5. To retain records and all application materials submitted to it;
6.  To  approve  courses  and  seminars  for original certification or
  licensing  and  continuing  education  to  ensure  that  the  same   are
  consistent with the standards established by the board, or equivalent to
  those required by such standards;
7. To assist the board in such other manner as the board may request;
8. To establish administrative procedures for disciplinary proceedings
  conducted pursuant to the provisions of this article; and
9.  To  suspend  and  revoke  certificates or licenses pursuant to the
  disciplinary proceedings provided for in this article.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-F - Fees.

§ 160-f. Fees.  1. The department shall charge and collect fees not in
  excess of the following:
a. An application fee for certification and licensing of  two  hundred
  fifty dollars.
b. An examination fee of fifty dollars.
c. A reexamination fee of fifty dollars.
d.  A  fee  for  recertification  or renewal of license of two hundred
  fifty dollars.
e. A delinquent renewal fee of two hundred dollars.
2. Notwithstanding any other  law,  the  department  may  transmit  an
  annual  registry  fee  as  set  by the federal appraisal subcommittee in
  accordance with 12 U.S.C.  3338  (a)(4)(A)  from  such  individuals  who
  perform  or seek to perform appraisals in federally related transactions
  and  to  transmit  a  roster  of  such  individuals  to  the   Appraisal
  Subcommittee  of  the Federal Financial Institutions Examination Council
  as required by Title XI of the Financial Institutions Reform,  Recovery,
  and Enforcement Act of 1989.
3.  All  fees  collected  under  this  section  shall be paid into the
  business and licensing services account established pursuant to  section
  ninety-seven-y of the state finance law.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-G - Certification and Licensing Process.

§ 160-g. Certification  and  licensing  process.  1.  Applications for
  original certification and recertification, original license and renewal
  of license, and examinations shall be made in writing to the  department
  on forms approved by the board.
2.  The  fees,  as  fixed  by  the  department pursuant to section one
  hundred sixty-f of this article, must  accompany  all  applications  for
  original certification and recertification, original license and renewal
  of license, and examination.
3.  At the time of filing an application for certification or license,
  each applicant shall sign a pledge to  comply  with  the  standards  set
  forth  in this article and state that he or she understands the types of
  misconduct for which disciplinary proceedings may be initiated against a
  state certified real estate appraiser, or a state licensed  real  estate
  appraiser, as set forth in this article.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-H - Licenses and Certifications.

§ 160-h.  Licenses  and certifications. 1. There shall be one class of
  license for state licensed real estate appraiser assistants,  one  class
  of  license for state licensed real estate appraisers and two classes of
  certification for state certified real estate appraisers. The classes of
  certification shall be state certified residential real estate appraiser
  and state certified general  real  estate  appraiser.  The  board  shall
  prescribe  the  scope  of  practice for each license and both classes of
  certification, provided, however, that in no event shall  the  scope  of
  practice  prescribed  by  the  board  be  less than the minimum criteria
  established by the  Appraisal  Subcommittee  of  the  Federal  Financial
  Institutions Examination Council or by the Appraiser Qualification Board
  of  the Appraisal Foundation as referred to in title XI of the Financial
  Institutions Reform, Recovery and Enforcement Act of 1989.
2. The application for original certification and  recertification  or
  original  license  and renewal of license, and examination shall specify
  whether it is for a license  or  certification  being  applied  for  and
  previously  granted.  If the application is for a license or renewal, it
  shall specify for what class of license the application is  being  made.
  If  the  application is for a certification or recertification, it shall
  specify for what class of certification the application is being made.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-I - Examination Requirement.

§ 160-i. Examination requirement. An original certification as a state
  certified  real  estate  appraiser  or  an  original  license as a state
  licensed real estate appraiser shall not be issued to any person who has
  not demonstrated through a written examination process that  he  or  she
  possesses the following:
1.  Appropriate  knowledge  of  technical  terms  commonly  used in or
  related to  real  estate  appraising,  appraisals,  report  writing  and
  economic concepts applicable to real estate;
2.  Understanding  of  the  principles  of land economics, real estate
  appraisal processes,  and  of  problems  likely  to  be  encountered  in
  gathering, interpreting and processing of data in carrying out appraisal
  disciplines;
3.   Understanding   of   the   standards   for  the  development  and
  communication of real estate appraisals as provided in this article;
4. Knowledge of theories of depreciation, cost estimating, methods  of
  capitalization,  and  the  mathematics of real estate appraisal that are
  appropriate for the classification of certificate applied for;
5. Knowledge of other principles and procedures as may be  appropriate
  for the respective classifications;
6. Basic understanding of real estate law; and
7.  Understanding  of  the  types of misconduct for which disciplinary
  proceedings may be initiated  against  a  state  certified  real  estate
  appraiser  or  a  state  licensed real estate appraiser, as set forth in
  this article.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-J - Examination Prerequisites.

§ 160-j. Examination     prerequisites.     1.    Certified    general
  classification.   As  a  prerequisite  to  taking  the  examination  for
  certification  as  a  state  certified general real estate appraiser, an
  applicant shall present evidence satisfactory to the board  that  he  or
  she  has fulfilled the minimum education and experience requirements for
  such certification examination as established by the board, which  shall
  not  be  less  than  the  minimum  criteria established by the Appraiser
  Qualification Board pursuant to Title XI of  the  Financial  Institution
  Reform, Recovery and Enforcement Act of 1989.
2.  Certified  residential classification. As a prerequisite to taking
  the examination for certification as a state certified residential  real
  estate  appraiser,  an  applicant shall present evidence satisfactory to
  the board that he  or  she  has  fulfilled  the  minimum  education  and
  experience   requirements   for   such   certification   examination  as
  established by the board, which shall  not  be  less  than  the  minimum
  criteria  established  by  the Appraiser Qualification Board pursuant to
  Title XI of the Financial Institution Reform, Recovery  and  Enforcement
  Act of 1989.
3.   Licensed   classification.   As  a  prerequisite  to  taking  the
  examination for licensing as a state licensed real estate appraiser,  an
  applicant  shall  present  evidence satisfactory to the board that he or
  she has fulfilled the minimum education and experience requirements  for
  such  certification examination as established by the board, which shall
  not be less than the  minimum  criteria  established  by  the  Appraiser
  Qualification  Board  pursuant  to Title XI of the Financial Institution
  Reform, Recovery and Enforcement Act of 1989.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-K - Experience Requirement.

§ 160-k. Experience  requirement.  1.  An  original certification of a
  state certified real estate appraiser, or an original license of a state
  licensed real estate appraiser, shall not be issued to  any  person  who
  does  not possess the equivalent of two years of appraisal experience in
  real property appraisal as defined by the board  supported  by  adequate
  written reports. Such experience may include fee and staff appraisal, ad
  valorem tax appraisal, review appraisal, appraisal analysis, highest and
  best  use  analysis,  feasibility  analysis  or  study,  and teaching of
  appraisal courses at a university, college, or junior college when  such
  courses have a duration of not less than ten weeks.
2.  A  person who is not a state certified real estate appraiser under
  this article may assist a state certified real estate appraiser  in  the
  preparation  of  an  appraisal,  provided that he or she is actively and
  personally supervised by the state certified real estate  appraiser  and
  provided  that  any  appraisal  report  is  reviewed  and  signed by the
  supervising state certified appraiser.
3. Each applicant for certification or  license  shall  furnish  under
  oath  a  detailed  listing of the real estate appraisal reports for each
  year for which experience is claimed by the applicant. Upon request, the
  applicant shall make available to  the  department  for  examination,  a
  sample  of  appraisal  reports  which  the applicant has prepared in the
  course of his or her appraisal practice.
4. No state certified real estate appraiser shall supervise more  than
  three licensed real estate appraiser assistants.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-L - Terms of Registration.

§ 160-l. Terms  of  registration. The term of a certificate or license
  issued under the authority of this article shall be two years  from  the
  date  of  issuance.  The  expiration  date of the certificate or license
  shall appear on the certificate or license and no other  notice  of  its
  expiration need be given to its holder.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-M - Nonresident Certification and Licensing.

§ 160-m. Nonresident  certification  and licensing. 1. Every applicant
  for certification or licensing under this article who is not a  resident
  of  this  state  shall submit, with the application for certification or
  license, an irrevocable consent that service of process upon him or  her
  may  be made by delivery of the process to the secretary of state if, in
  an action against the applicant in a court of this state arising out  of
  the  applicant's  activities as a state certified real estate appraiser,
  or a state licensed real estate appraiser, the plaintiff cannot, in  the
  exercise of due diligence, effect personal service upon the applicant.
2.  When  a nonresident of this state, certified or licensed under the
  laws of his resident state, the certification and licensing  process  of
  which  has  not  been  disapproved  by the appraisal subcommittee of the
  federal financial institutions examination council, does not maintain an
  office for providing appraisal services to clients in  this  state,  and
  has complied with subdivision one of this section, such nonresident may,
  upon  recommendation  of the board, pursuant to such temporary licensing
  rules or regulations as the board may promulgate, provide  certified  or
  licensed  appraisals. No temporary certificate or license shall be valid
  for a duration greater than one year after the date of issue. Any person
  performing, or seeking to perform, federally related appraisals shall be
  liable for, and pay, all fees, rated proportionately, which would  apply
  to such person were he or she a resident of this state.
3.  A  nonresident of this state who has complied with subdivision one
  of  this  section,  but  who  does  not  qualify  for  treatment   under
  subdivision  two  of  this  section, may obtain a certificate as a state
  certified real estate appraiser or a license as a  state  licensed  real
  estate  appraiser  by  conformity  to all the provisions of this article
  relating to state certified or licensed real estate appraisers.
4. The board shall recognize on a temporary basis the certification or
  license of an appraiser issued by another state pursuant to section 1122
  of  Title  XI  of  the  Financial  Institutions  Reform,  Recovery,  and
  Enforcement  Act  of  1989,  Pub.  Law. No. 101-73, 103 Stat. 183 (1989)
  (codified at 12 U.S.C. 331 et seq.).
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-N - Nonresident Certification and Licensing by Reciprocity.

§ 160-n. Nonresident  certification and licensing by reciprocity.  If,
  in the determination  of  the  board,  the  certification  or  licensing
  process  has  not  been disapproved by the appraisal subcommittee of the
  federal financial institutions examination council, an applicant who  is
  certified under the laws of such other state may obtain a certificate as
  a state certified real estate appraiser or a license as a state licensed
  real  estate  appraiser  in this state upon such terms and conditions as
  may be determined by the department.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-O - Renewal Certificate or License.

§ 160-o. Renewal   certificate   or   license.   1.  a.  To  obtain  a
  recertification as a state certified real estate appraiser, or a renewal
  of license as a state licensed real estate appraiser, the  holder  of  a
  current, valid certificate or license shall make application and pay the
  prescribed  fee  to  the  department not earlier than one hundred twenty
  days nor later than thirty days prior to  the  expiration  date  of  the
  certificate   or   license   then   held.   With   the  application  for
  recertification or renewal of license, the state certified  real  estate
  appraiser or state licensed real estate appraiser shall present evidence
  in  the  form  prescribed  by  the  department  of  having completed the
  continuing education requirements, if any, for renewal specified in this
  article.
b. If the department determines that an applicant has failed  to  meet
  the  requirements  for  renewal  of  certification  or licensing through
  mistake, misunderstanding or circumstances beyond  the  control  of  the
  applicant,  the  department  may  extend  the term of the certificate or
  license for a period not to exceed  six  months,  upon  payment  by  the
  applicant of the prescribed fee for the extension.
c.  If the applicant satisfies the requirements for renewal during the
  extended term of certification or license, the beginning date of the new
  renewal certificate or license shall be the day following the expiration
  of the certificate or license previously held by the applicant.
2. If a person fails to renew a certificate as a state certified  real
  estate  appraiser, or license as a state licensed real estate appraiser,
  prior to its expiration or within a period of extension granted  by  the
  department   pursuant   to   this  article,  the  person  may  obtain  a
  recertification  or  renewal  of  license  by  satisfying  all  of   the
  requirements for renewal and by the payment of a late renewal fee.
3. The license of a state licensed real estate appraiser assistant may
  be renewed in accordance with the provisions of subdivisions one and two
  of this section.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-P - Basis for Denial.

§ 160-p. Basis  for denial. The department may, in accordance with the
  provisions of this article relating to hearings, deny the issuance of  a
  certificate  as a state certified real estate appraiser, or license as a
  state licensed real estate appraiser, or license  as  a  state  licensed
  real  estate  appraiser assistant, to an applicant on any of the grounds
  enumerated in this article.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-Q - Principal Place of Business.

§ 160-q. Principal  place  of  business.  1.  Each  state certified or
  licensed real estate appraiser  and  each  state  licensed  real  estate
  appraiser assistant shall advise the department of the address of his or
  her  principal  place of business and all other addresses at which he or
  she is currently engaged in the business of preparing or assisting  with
  the preparation of real property appraisal reports.
2. Change of name or address. Notice in writing in the manner and form
  prescribed  by  the  department  shall  be  given  the department at its
  offices in Albany within ten days of a change of name or address of  the
  state  certified  or  licensed  real  estate  appraisers or of the state
  licensed real estate  appraiser  assistants,  except  those  made  on  a
  recertification  or  renewal application. The fee for filing each change
  of name or address notice shall be ten dollars.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-R - Certificate or License.

§ 160-r. Certificate  or  license.  1. A certificate or license issued
  under authority  of  this  article  shall  bear  the  signature  of  the
  executive  secretary  of  the  board and a certificate or license number
  assigned by the department.
2. Each state certified real estate appraiser shall place his  or  her
  certificate  number, and each licensed real estate appraiser shall place
  his or her license number adjacent to or  immediately  below  the  title
  "State  Certified  Residential  Real Estate Appraiser", "State Certified
  General  Real  Estate  Appraiser"  or  "State   Licensed   Real   Estate
  Appraiser",  respectively,  when  used  in  an  appraisal report or in a
  contract or other instrument used by the certificate or  license  holder
  in conducting real property appraisal activities.
3.  Duplicate licenses or certifications or pocket cards.  In the case
  of loss, destruction, or  damage,  the  secretary  of  state  may,  upon
  submission  of  a  request in such form and manner as the department may
  prescribe, issue a duplicate license or  certification  or  pocket  card
  upon payment of a fee of ten dollars.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-S - Use of Term.

§ 160-s. Use  of  term.    1.  The  title "state certified real estate
  appraiser" may only be  used  to  refer  to  individuals  who  hold  the
  certificate,  and  the  title "state licensed real estate appraiser" may
  only be used to refer to individuals who hold the license, and the title
  "state licensed real estate appraiser assistant" may  only  be  used  to
  refer to individuals who hold the license, and may not be used following
  or  immediately  in  conjunction  with  the name or signature of a firm,
  partnership, corporation or group; or in such manner that  it  might  be
  interpreted  as  referring to a firm, partnership, corporation, group or
  anyone other than an individual holder of the certificate or license.
2. No certificate or license shall be issued under the  provisions  of
  this  article  to  a corporation, partnership, firm or group. This shall
  not be construed to prevent a state certified or  licensed  real  estate
  appraiser  from  signing an appraisal report on behalf of a corporation,
  partnership, firm or group practice.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-V - Due Process.

§ 160-v. Due   process.   1.   Before   suspending   or  revoking  any
  certification  or  license,  the  department  shall  notify  the   state
  certified  or  licensed  real  estate  appraiser or licensed real estate
  appraiser assistant in writing of any charges made at least twenty  days
  prior  to  the  date  set for the hearing and shall afford him or her an
  opportunity to be heard in person or by counsel.
2. The written notice may be  served  either  personally  or  sent  by
  certified mail to the last known business address of the appraiser.
3.  The department shall have the power to subpoena and issue subpoena
  duces tecum and to take testimony by deposition, in the same  manner  as
  prescribed by law in judicial proceedings in the courts of this state.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-W - Hearing and Judicial Review.

§ 160-w. Hearing  and  judicial  review. 1. The hearing on the charges
  shall be at a time and place prescribed by the department.
2. If the department determined that a  state  certified  or  licensed
  real  estate  appraiser  or  licensed real estate appraiser assistant is
  guilty of a violation of any of the provisions of this article, it shall
  prepare  a  finding  of  fact  and  recommend  that  such  appraiser  be
  reprimanded  or that his or her certification or license be suspended or
  revoked. The decision and order of the department shall be final.
3. Any final decision or order of  the  department  in  certifying  or
  denying  certification  or  in recertification, or in licensing, denying
  license, or in renewal of a license, under this article or  in  revoking
  or  suspending  such  certification  or  license or imposing any fine or
  reprimand on the holder  of  such  certification  or  license  shall  be
  subject  to review by a proceeding brought under and pursuant to article
  seventy-eight of the civil practice law and rules at the  insistence  of
  the  applicant  for such certification, the holder of the certificate or
  license so revoked or suspended or  the  person  fined,  reprimanded  or
  otherwise aggrieved.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-X - Classification of Services.

§ 160-x. Classification  of  services.  1.  A  client  or employer may
  retain or employ a state certified or licensed real estate appraiser  to
  act  as a disinterested third party in rendering an unbiased estimate of
  value or analysis. A client or employer may  also  retain  or  employ  a
  state certified or licensed real estate appraiser to provide specialized
  services  to facilitate the client's or employer's objectives. In either
  case, the appraisal and  the  appraisal  report  must  comply  with  the
  provisions of this article.
2.  For  the purposes of this article, the term "appraisal assignment"
  means an engagement for which an appraiser is employed  or  retained  to
  act,  or would be perceived by third parties or the public as acting, as
  a disinterested third party in rendering an unbiased  analysis,  opinion
  or  conclusion  relating  to  the  nature,  quality, value or utility of
  specified interests in, or aspects of, identified real estate.
3. For the purposes of this article, the term  "specialized  services"
  means  those  appraisal services which do not fall within the definition
  of appraisal assignment. The term  "specialized  services"  may  include
  valuation  work  and  analysis  work. Regardless of the intention of the
  client or employer, if the  state  certified  or  licensed  real  estate
  appraiser would be perceived by third parties or the public as acting as
  a  disinterested  third party in rendering an unbiased analysis, opinion
  or conclusion, the work is classified as an appraisal assignment and not
  "specialized services".
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-Y - Contingent Fees.

§ 160-y. Contingent fees. 1. A state certified or licensed real estate
  appraiser may not accept a fee for an appraisal assignment as defined in
  section one hundred sixty-x of this article, that is contingent upon the
  appraiser reporting a predetermined estimate, analysis, or opinion or is
  contingent  upon  the  opinion, conclusion or valuation reached, or upon
  the consequences resulting from the appraisal assignment.
2. A state certified or licensed real estate appraiser who enters into
  an agreement to perform specialized services, as defined in section  one
  hundred  sixty-x  of this article, may be paid a fixed fee or a fee that
  is contingent on the results achieved by the specialized services.
3. If a state certified or licensed real estate appraiser enters  into
  an  agreement to perform specialized services for a contingent fee, this
  fact shall be clearly stated in each written  report.  In  each  written
  report,  this  fact  shall  be clearly stated in a prominent location in
  such  report  and  also  in  each  letter  of  transmittal  and  in  the
  certification  or authentication of the statements made by the appraiser
  in such a report.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-Z - Retention of Records.

§ 160-z. Retention  of  records. 1. A state certified or licensed real
  estate appraiser shall retain for three years, originals or true  copies
  of  all written contracts engaging his or her services for real property
  appraisal work, and  all  reports  and  supporting  data  assembled  and
  formulated by the appraiser in preparing the reports.
2.  Such  period  for  retention  of  records  is  applicable  to each
  engagement of the services of the appraiser and shall commence upon  the
  date of the submittal of the appraisal to the client unless, within such
  three  year  period,  such  appraiser  is notified that the appraisal or
  report is involved in litigation, in which event the three  year  period
  for  the  retention of records shall commence upon the date of the final
  disposition of such litigation.
3. All records required to be maintained under the provisions of  this
  article  shall be made available by the state certified or licensed real
  estate appraiser for inspection and copying by the board  on  reasonable
  notice  to such appraiser. All such records copied by the board shall be
  kept confidential, except where disclosure of same is required by law or
  mandate of a court.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-AA - Transitional Licensing.

§ 160-aa.  Transitional  licensing.  Consistent  with  the  intent and
  purpose of this article, and without the disapproval  of  the  appraisal
  subcommittee  of the federal financial institutions examination council,
  the board may prescribe requirements  for  transitional  licenses  which
  shall expire no later than January first, nineteen hundred ninety-three.
2023 New York Laws › EXC - Executive › Article 6-E - State Certified and Licensed Real Estate Appraisers › 160-BB - Severability.

§ 160-bb. Severability. If any clause, sentence, paragraph, section or
  part  of  this  article  shall  be  adjudged  by  any court of competent
  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
  invalidate the remainder thereof, but shall be confined in its operation
  to  the  clause,  sentence, paragraph, section, or part thereof directly
  involved in the controversy in  which  such  judgment  shall  have  been
  rendered.
2023 New York Laws › EXC - Executive › Article 6-F - New York Black Car Operators' Injury Compensation Fund, Inc. › 160-DD - New York Black Car Operators' Injury Compensation Fund, Inc.

§ 160-dd. New York black car operators' injury compensation fund, inc.
  There  is hereby created a not-for-profit corporation to be known as the
  New York black car operators' injury  compensation  fund,  inc.  To  the
  extent  that the provisions of the not-for-profit corporation law do not
  conflict with the   provisions of this article,  or  with  the  plan  of
  operation  established  pursuant  to  this  article,  the not-for-profit
  corporation law shall apply to  the  fund,  which  shall  be  a  type  C
  corporation  pursuant  to  such  law. If an applicable provision of this
  article or of the fund's plan of operation relates to a matter  embraced
  in  a  provision  of  the  not-for-profit  corporation law but is not in
  conflict therewith, both provisions shall apply. The fund shall  perform
  its  functions  in accordance with its plan of operation established and
  approved pursuant to section one hundred sixty-gg of  this  article  and
  shall  exercise  its  powers  through  a  board of directors established
  pursuant to this article.
2023 New York Laws › EXC - Executive › Article 6-F - New York Black Car Operators' Injury Compensation Fund, Inc. › 160-EE - Supervision of Central Dispatch Facilities.

§  160-ee.  Supervision  of  central  dispatch  facilities.  A central
  dispatch facility shall, with respect to the provisions of this article,
  be subject to the supervision and oversight of the  department  and  the
  local licensing authority, if any, as provided in this article.
2023 New York Laws › EXC - Executive › Article 6-F - New York Black Car Operators' Injury Compensation Fund, Inc. › 160-FF - Management of the Fund; Board of Directors.

§  160-ff. Management of the fund; board of directors.  1. There shall
be appointed a board of directors of  the  fund,  consisting  of  eleven
directors,  six  of  whom  shall be selected by the black car assistance
corporation; four of whom shall be chosen by the governor, including one
chosen upon the recommendation of the temporary president of the  senate
and  one  chosen upon the recommendation of the speaker of the assembly;
one chosen to represent a transportation network company as  defined  by
article  forty-four-B  of  the  vehicle and traffic law; and one of whom
shall be the secretary, who shall serve ex officio. The  governor  shall
appoint  the  director  chosen  to  represent  a  transportation network
company no later than December thirty-first, two thousand seventeen. The
terms of all directors other than the secretary shall  be  three  years.
The  board  shall  have the power to remove for cause any director other
than the secretary.
2. The directors shall elect annually from among their number a  chair
and a vice chair who shall act as chair in the chair's absence.
3.  For  their attendance at meetings, the directors of the fund shall
be entitled to compensation, as  authorized  by  the  directors,  in  an
amount not to exceed two hundred dollars per meeting per director and to
reimbursement of their actual and necessary expenses.
4.  Directors  of  the  fund, except as otherwise provided by law, may
engage in private or public employment or in a profession or business.
5. (a) All of the directors shall have equal voting rights and five or
more directors shall constitute a quorum. The affirmative vote  of  five
directors  shall be necessary for the transaction of any business or the
exercise of any power or function of the fund.
(b) The fund may delegate to one or more of its  directors,  officers,
agents or employees such powers and duties as it may deem proper.
(c)  A vacancy occurring in a director position for which the governor
was the original appointing authority shall be filled by  the  governor,
upon  the  recommendation  of the legislative official, if any, that was
authorized to recommend the original appointee pursuant  to  subdivision
one  of  this  section.  A  vacancy occurring in a director position for
which the black car assistance corporation was the  original  appointing
authority  shall  be  filled  by the black car assistance corporation. A
vacancy in any one or more of the director positions shall  not  prevent
the remaining directors from transacting any business, provided a quorum
is present and voting.
(d)  At  the  expiration  of  a  director's  term,  the authority that
appointed such director pursuant to subdivision one of this  section  or
paragraph  (c) of this subdivision shall re-appoint such director for an
additional term or appoint a new  director  for  such  subsequent  term,
provided  however that no individual may serve as director for more than
three successive terms.
2023 New York Laws › EXC - Executive › Article 6-F - New York Black Car Operators' Injury Compensation Fund, Inc. › 160-GG - Plan of Operation.

§  160-gg.  Plan  of  operation.    1. Within seventy-five days of the
effective date of this article, the fund shall file with the  department
its  plan  of  operation,  which  shall  be designed to assure the fair,
reasonable and  equitable  administration  of  the  fund.  The  plan  of
operation  and  any subsequent amendments thereto shall become effective
upon being filed with the department.
2. The plan of operation shall constitute the by-laws of the fund  and
shall,  in  addition  to  the  requirements enumerated elsewhere in this
article:
(a) establish procedures for collecting and managing the assets of the
fund;
(b) establish regular places and times  for  meetings  of  the  fund's
board of directors;
(c)  establish the procedure by which the fund shall determine whether
to provide the benefits due pursuant to this article by self-insuring or
by purchasing insurance;
(d)  establish  accounting  and  record-keeping  procedures  for   all
financial  transactions  of  the  fund,  its  agents  and  the  board of
directors;
(e)  establish  a  procedure  for  determining  and   collecting   the
appropriate amount of surcharges and assessments under this article;
(f)  set forth the procedures by which the fund may exercise the audit
rights granted to it under this article;
(g) establish procedures to ensure prompt and accurate notification to
the fund by its members of all  accidents  and  injuries  to  black  car
operators, and provide for full reimbursement of the fund by any central
dispatch  facility whose failure to provide such notification results in
the imposition of a penalty on the fund by the board; and
(h) contain such additional provisions as the board of  the  fund  may
deem  necessary  or proper for the execution of the powers and duties of
the fund.
2023 New York Laws › EXC - Executive › Article 6-F - New York Black Car Operators' Injury Compensation Fund, Inc. › 160-HH - Membership in the Fund; Registration With the Department.

§ 160-hh. Membership in the fund; registration with the department. 1.
  The  membership  of  the  fund shall be composed of all central dispatch
  facilities. Each central dispatch  facility  shall  be  required,  as  a
  condition  of  doing business within this state, to pay the department a
  two hundred dollar annual fee for the purpose of registering as a member
  of the fund and receiving a certificate of registration. Such sums shall
  be used by the department for the administration of  this  article.  The
  initial  registration  fee  shall be due no later than ninety days after
  the effective date of this article. The department shall have the  power
  to  assess  an  additional  fee  against  each  registrant in the amount
  necessary to provide it with sufficient funds to cover its  expenses  in
  performing  its  duties  pursuant  to this article. The department shall
  provide the fund with an updated list of registrants on a monthly basis.
2. All central dispatch facilities shall be required, as  a  condition
  of  obtaining  or  retaining  their  license  from  the  local licensing
  authority, if any, to (a) be members of the fund; (b) be registered with
  the department as members of the fund;  and  (c)  submit  to  the  local
  licensing  authority  a copy of its certificate of registration as proof
  of such membership and registration.
3. Within sixty days of the effective date of this article, the  board
  of  the fund shall, on the basis of information from trade papers, local
  licensing authorities and other sources, identify the  central  dispatch
  facilities  subject to this article and, on a regular and ongoing basis,
  confirm that all  such  entities  have  registered  in  accordance  with
  subdivision one of this section.
4.  The  fund shall, within seventy-five days of the effective date of
  this article, provide to its members a copy  of  the  proposed  plan  of
  operation  filed  with  the  department  and shall inform its members of
  their rights and duties pursuant to this article.
2023 New York Laws › EXC - Executive › Article 6-F - New York Black Car Operators' Injury Compensation Fund, Inc. › 160-II - Securing of Compensation.

§  160-ii. Securing of compensation. 1. Within two hundred ten days of
  the effective date of this article, the fund shall secure the payment of
  workers' compensation  to  all  black  car  operators  entitled  thereto
  pursuant to this chapter by either: (a) self-insuring in accordance with
  subdivision  three of section fifty of the workers' compensation law and
  the rules promulgated by the board  pursuant  to  such  section  or  (b)
  purchasing workers' compensation insurance covering, on a blanket basis,
  all black car operators who are the fund's employees pursuant to section
  two of the workers' compensation law.
2. If the fund initially seeks to apply to the board for authorization
  to  self-insure  pursuant  to  subdivision three of section fifty of the
  workers'  compensation  law,  it  shall  submit  its   application   and
  accompanying  proof  to  the  board within one hundred fifty days of the
  effective date of this article. The board shall notify the fund and  the
  secretary   in  writing  of  any  change  in  the  fund's  status  as  a
  self-insurer or of any additional requirements that the board  may  deem
  necessary for continuation of such status.
3.  If the fund chooses to secure the payment of workers' compensation
  pursuant to the workers' compensation law  by  purchasing  an  insurance
  policy  from  the  state insurance fund or a, licensed insurer, it shall
  file  with  the  department  no  later  than  thirty  days   after   the
  commencement of a new policy year a copy of the policy it has purchased.
  In  such  case,  the  department  shall  be  treated by the insurer as a
  certificate holder for purposes of receiving notice of  cancellation  of
  the policy.
4.  No provision of this article shall be construed to alter or affect
  the liability  under  the  workers'  compensation  law  of  any  central
  dispatch  facility with respect to black car operators prior to the fund
  liability date.
* 5. The fund shall have the authority to  provide  additional  health
  benefits,  consistent  with  its  plan  of  operation, for all black car
  operators entitled thereto pursuant to this chapter, provided  that  the
  fund  shall  have  complied with all applicable statutory and regulatory
  requirements. The surcharge amount not related to payments  of  workers'
  compensation  claims  and the administration of those claims shall be up
  to one-half of one percent (0.5%).
* NB Repealed December 20, 2025
2023 New York Laws › EXC - Executive › Article 6-F - New York Black Car Operators' Injury Compensation Fund, Inc. › 160-KK - Financial Oversight of the Fund.

§ 160-kk. Financial oversight of the fund.  No later than May first of
  each  year,  the  fund  shall  submit  to  the  governor and legislature
  certified financial statements prepared  in  accordance  with  generally
  accepted  accounting  principles  by  a certified public accountant. The
  members of the fund shall be required on and after January first of each
  year to afford the certified public accountant convenient access at  all
  reasonable  hours  to  all books, records and other documents, including
  but not limited to invoices and vouchers, necessary  or  useful  in  the
  preparation  of  such  statements and in the verification of the monthly
  statements submitted to the fund.
2023 New York Laws › EXC - Executive › Article 6-F - New York Black Car Operators' Injury Compensation Fund, Inc. › 160-LL - Exemption From Taxes.

§ 160-ll. Exemption from taxes.  The fund shall be exempt from payment
  of  all  fees and taxes levied by this state or any of its subdivisions,
  except taxes levied on real property.
2023 New York Laws › EXC - Executive › Article 6-F - New York Black Car Operators' Injury Compensation Fund, Inc. › 160-MM - Liability Insurance.

§ 160-mm. Liability insurance.  The fund shall purchase such insurance
  as  is necessary to protect the fund and any director, officer, agent or
  other representative from liability  for  their  administration  of  the
  fund,  and  shall,  to  the  extent  permitted  by  law,  indemnify such
  directors, officers, agents  or  other  representatives  and  hold  them
  harmless from liability for their administration of the fund.
2023 New York Laws › EXC - Executive › Article 6-F - New York Black Car Operators' Injury Compensation Fund, Inc. › 160-NN - Regulations.

§   160-nn.   Regulations.  The  department  shall  adopt  regulations
  implementing the provisions of this article, including the  conduct  and
  notice of hearings held pursuant to section one hundred sixty-oo of this
  article.
2023 New York Laws › EXC - Executive › Article 6-G - Independent Livery Driver Benefit Fund › 160-AAA - Definitions.

§ 160-aaa. Definitions. For the purposes of this article:
1.   "Independent  livery  driver"  means  a  livery  driver  that  is
  dispatched by an independent livery base.
2. "Annualized basis" means  the  product  of  the  number  of  livery
  drivers  affiliated  with  a  dispatching  livery base and the number of
  months each such driver is affiliated with the livery base,  divided  by
  twelve.
3.  "Covered  services"  means  all  dispatches  from  a  livery  base
  regardless of where the pick-up or discharge occurs.
4.  "Fund"  means  the  independent  livery  driver  benefit  fund  as
  established in this article.
5.  "Independent  livery  base"  has  the same meaning as set forth in
  section eighteen-c of the workers' compensation law.
6. "Livery" means a for-hire vehicle licensed  by  a  local  taxi  and
  limousine  commission,  carrying  no  more  than five passengers or such
  other limited number as set by a local taxi  and  limousine  commission,
  which  charges  for  service on the basis of flat rate, time, mileage or
  zones, and which is dispatched by a livery dispatch facility, but  shall
  not  include  a  vehicle  owned  or  driven  by a black car operator, as
  defined in article six-F of this chapter.
7. "Livery driver" means  an  individual  that  drives  a  livery,  is
  dispatched by a livery base, receives compensation for such driving, and
  is licensed to do so by a local taxi and limousine commission.
8.  "Livery  base" means a central facility that manages, organizes or
  dispatches liveries, and is licensed to  do  so  by  a  local  taxi  and
  limousine commission.
9.  "Livery  registrant"  means  a  person  in  whose name a livery is
  licensed by a local taxi and limousine commission.
10. "Local taxi and  limousine  commission"  means  a  unit  of  local
  government  in  New  York  city,  Nassau  county  or  Westchester county
  authorized to license and regulate liveries.