DCWP - Curable Violations

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Frequently Asked Questions: Curable Violations


IMPORTANT NOTICE
On July 24, 2023, DCWP launched a new system to replace its prior online services and provide additional features for businesses, consumers, and workers. Note: If you had an online account with DCWP before July 24, 2023, please use the same email address you provided DCWP. This will allow you to link your business records to the new system. Read Online Services - FAQs.

Frequently Asked Questions: Curable Violations

Under the Cure Law, a business has the opportunity to certify that it has cured (correct) without a fine certain first-time violations.

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What is a curable violation?

A curable violation is one you may correct without a fine if it is the first time you received the violation. If your business receives a summons with a charge for violating one of the “curable” laws or rules, you will have the opportunity to avoid a fine by submitting to DCWP proof that you cured the violation within 30 days of the date of the summons.

What violations are “curable”?

A full list of curable violations begins on Page 3 of Curable Violations FAQs

What is the process for curing a violation?

Your business will learn about the opportunity to cure a violation(s) through an Offer of Settlement, which you may receive by mail, email, or text. The Offer of Settlement will indicate which violation(s) you can cure.

If you receive an Offer of Settlement:

Follow the instructions to admit the violation(s) and submit a Cure Certification. You must submit the Cure Certification within 30 days of the date of the summons and before your hearing. The opportunity to cure a violation is only available before your hearing.

If you do NOT receive an Offer of Settlement:

You may still be able to cure a violation(s) even if you do not receive an Offer of Settlement. Send an email or a text to LegalSettlements@dcwp.nyc.gov and include your Summons Number. If a cure is available, you will receive an Offer of Settlement by email or text.

How can my business submit the Cure Certification?

You can submit the completed, signed Cure Certification by mail, email, online, or in person by appointment only. You can use the mail option only if you certify that your business cured all violations.

Submit the Cure Certification in ONE of the following ways:

By mail to DCWP, Attn: Collections, 42 Broadway, New York, NY 10004

By email to SubmitCure@dcwp.nyc.gov

Online via DCWP's online services. Note: You must Link Business to My Account.

In person by appointment* only at 42 Broadway, Lobby, New York, NY 10004.
By Appointment Only Hours:
Friday: 9 a.m. – 4 p.m.
Last appointment: 3:30 p.m.
*To schedule an appointment, email or text Collections@dcwp.nyc.gov.

If my business submits a Cure Certification, is my business agreeing that we violated the law?

Yes. If you submit a Cure Certification, you are pleading guilty to the violation(s). If DCWP charges your business with violating the same law or rule again, you will be charged as a “recidivist” or repeat violator, which means you will be subject to a higher fine.

By submitting a Cure Certification, you are also certifying that you cured (corrected) the violation(s) and that you understand you will not get another opportunity to cure a repeat violation.

Must my business cure the violation or can I go to hearing on the violation?

You may choose to go to a hearing on the charges. Be prepared to present a defense.

If my business is charged with several violations and some are curable and some are not, can I cure the curable violations?

Yes. If your business is charged with multiple violations, you can submit the Cure Certification as proof of curing the curable violations. You can settle or go to hearing on the other violations.

Important:

If you submit the Cure Certification but fail to pay a fine for remaining violations (if owed), you must attend a hearing on the remaining violations at the NYC Office of Administrative Trials and Hearings (OATH). If you do not appear on the date and time of your scheduled hearing, a default decision may be issued in which you will be found guilty of the charge(s) and may be ordered to pay maximum fines for those charges

Can DCWP request additional proof that my business cured the violation?

Yes. DCWP may seek additional information to determine whether you cured the violation.

When might DCWP determine that a Cure Certification is an unsatisfactory proof of cure?

DCWP may determine that you did not submit a valid Cure Certification when:

You did not submit the Cure Certification that DCWP provided.

You did not sign the Cure Certification.

You changed the Cure Certification that DCWP provided.

What happens if DCWP decides that the proof of cure is not satisfactory?

DCWP will notify your business if there is a problem with the proof of cure you submitted and give you an opportunity to correct it before a hearing on the charge(s) begins.

Are violations of any other laws or rules curable?

DCWP encourages businesses to comply with all relevant laws and rules. In general, businesses may settle violations. Refer to the list of curable violations in Curable Violations FAQs.

Page updated 05/31/2024.