[Adopted 8-21-2012 by L.L. No. 51-2012]
A. 
This Legislature hereby finds and determines that the Department of Health Services and the Board of Health regulate many activities that affect the public health of the residents of Suffolk County. This Legislature also finds that the Department of Health Services considers applications and issues permits to individuals and businesses to conduct certain activities that are regulated by the Department. This Legislature further finds that a fundamental area of concern for the Department of Health Services and the Board of Health is the protection of the County's surface waters and underground drinking water supply under Article 6 of the Suffolk County Sanitary Code. This Legislature also determines that the Department of Health Services must approve the water supply and sewage disposal facilities for proposed realty subdivisions, development and other construction projects.
B. 
This Legislature finds that individuals and businesses often hire "expeditors" to assist in moving their permit applications through the Department of Health Services. This Legislature also finds that no special qualifications or expertise are required for persons who provide expediting services. This Legislature further finds that expeditors working with the Department of Health Services should be required to register with the County of Suffolk. This Legislature determines that a registration requirement for expeditors will allow for greater transparency in the permitting process. This Legislature also finds and determines that a registration requirement will allow the County to hold expeditors accountable and suspend or revoke the registration of expeditors who are guilty of misconduct and thereby protect consumers who avail themselves of expediting services.
C. 
Therefore, the purpose of this article is to establish a registration requirement for expeditors who interface with the Department of Health Services.
As used in this article, the following terms shall have the meanings indicated:
COMMISSIONER
The Commissioner of the Department of Consumer Affairs.
DEPARTMENT
The Department of Consumer Affairs.
EXPEDITING SERVICE
A service which provides, for any compensation or consideration, assistance in expediting or progressing an application for the issuance of a permit or other approval by the Department of Health Services, including the filing of an application with the Department or requesting or negotiating the approval of such application.
PERSON
Any natural person, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association, or other entity or business organization of any kind.
A. 
Except as provided in Subsection B of this section, it shall be unlawful for any person to provide, or offer to provide, expediting services without first obtaining an expeditor registration certificate from the Department in accordance with the provisions of this article.
B. 
The following persons are exempt from the registration requirements of this article:
(1) 
The owner of the premises for which the application is filed, including, and in the case of partnerships or corporations, the general partners or the principal officers of the corporation.
(2) 
The lessee of a premises for which the application is filed, when authorized by the owner to file the application.
(3) 
Registered architects licensed by the New York State Department of Education.
(4) 
Professional engineers licensed by the New York State Department of Education.
(5) 
Attorneys duly admitted to practice law in the State of New York.
A. 
All applications for registration certificates shall be submitted in writing on forms furnished by the Department. The application shall be signed under oath. Where a corporation is an applicant, the applications shall be signed under oath by an officer of such corporation.
B. 
An individual applicant must be at least 18 years of age and of good character. Consistent with Article 23-A of the New York Correction Law, the Commissioner may deny registration to a person who has been convicted of a criminal offense related to giving or receiving a bribe, giving or receiving unlawful gratuities, official misconduct or other corruption-related acts.
A. 
The initial application fee for an expeditor certificate of registration shall be $100.
B. 
Registration certificates should be valid for a period of two years from the date of issuance. The fee for an expeditor certificate of registration shall be $100 per annum, $200 biennially.
C. 
No registration certificate shall be assignable or transferable.
D. 
No registrant shall permit or authorize the use of his or her registration certificate by or on behalf of any other person.
E. 
Each registrant shall, within 10 business days after a change of address, notify the Department of such change.
A. 
No expediting service shall claim or otherwise represent that it is a governmental entity or a part thereof or affiliated with an entity of government.
B. 
No person shall enter into a contract or agreement with another party to provide expediting services unless such contract sets forth, in clear and conspicuous language, a schedule of the fees to be charged for such service and a provision permitting the other party, at any time within three days after having entered into such contract or agreement, to cancel such contract or agreement and receive a full refund of any fee or deposit already paid.
A. 
The Commissioner shall have the power to impose a civil fine not to exceed $500 upon a registrant, to suspend or revoke a registration or to deny an application for the renewal of a registration for any one or more of the following causes:
(1) 
Fraud, deceit, misrepresentation or bribery in securing a registration certificate.
(2) 
The making of any false statement in an application for a registration certificate.
(3) 
Violation of any provision of this article, any other appropriate law or any rule or regulation promulgated thereunder.
(4) 
Fraud, deceit or misrepresentation in providing expediting services.
B. 
No registration shall be suspended or revoked nor a fine imposed until after a hearing has first been held before the Commissioner upon at least seven business days' notice. Such notice shall be served either personally or by certified mail, return receipt requested, to the last known address of the registrant and shall state the date and place of the hearing as well as enumerate the grounds constituting the allegations against such registrant. The registrant may be represented by counsel and may produce witnesses in his or her own behalf. A verbatim record of the hearing shall be taken and preserved. For purposes of such hearing, the Commissioner may administer oaths, take testimony, subpoena witnesses and compel the production of books, paper, records or other documents deemed pertinent to the subject of the hearing.
Any person who provides expediting services without obtaining a registration certificate therefor or who shall continue to provide expediting services after having had his/her registration suspended or revoked shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $5,000 or imprisonment for not more than one year, or both. Each such violation shall be deemed a separate offense.