563-1 Legislative Findings: - correct answer The County Legislature hereby finds and determines
that the health, safety and general welfare of the
... [Show More] consumers of Suffolk County will be
enhanced if provision is made for the licensing of persons engaged in the occupations
regulated by this chapter.
563-2 Business - correct answer Includes occupation, profession, trade, craft or any other calling for hire.
563-2 COMISSIONER or DIRECTOR - correct answer The Commissioner of the Department of Labor, Licensing and Consumer Affairs.
563-2 CONSUMER - correct answer An individual who buys or leases or agrees to buy or lease consumer goods or services or credit, including a co-guarantor or surety.
563-2 CONSUMER GOODS, SERVICES, CREDIT AND DEBTS - correct answer Those which are primarily for personal, household or family purposes.
563-2 CONTRACT - correct answer An oral or written agreement contained in one or more documents for the performance of work and includes all labor, goods and services.
563-2 DECEPTIVE TRADE PRACTICES - correct answer Any false, falsely disparaging or misleading oral or written statement, visual description, or other representation of any kind, which has the capacity, tendency or effect of deceiving or misleading consumers or the consuming public and is made in connection with a contract, preparation of or performance of a work estimate or invoice, in the extension of consumer credit, or in the collection of consumer debts.
563-2 DEPARTMENT or OFFICE - correct answer The Department of Labor, Licensing and Consumer Affairs.
563-2 ENGAGES - correct answer The undertaking, offering to undertake, solicitation or agreement to perform a contract.
563-2 LICENSEE - correct answer A person permitted to engage in a business licensed pursuant to the provisions of the appropriate article of this chapter.
563-2 PERSON - correct answer Includes the definition contained in § 37 of the General Construction Law of the State of New York, as well as an individual, partnership or other entity.
563-2 TEMPORARY LICENSE - correct answer A license issued to a person for a period of time to perform work in accordance with the conditions as specified by the Director, provided that the holder thereof pays the required license fee.
563-2 UNCONSCIONABLE TRADE PRACTICE - correct answer Any act or practice which unfairly takes advantage of the lack of knowledge, ability, experience, or capacity of the consumer
563-3 LICENSE REQUIRED - correct answer It is unlawful for any person, other than those exempt under the provisions of § 563-4, to engage in any business in the County regulated by this chapter without obtaining a license therefor from the Office in accordance with and subject to the provisions of this chapter.
563-4 EXEMPT EMPLOYEES - correct answer A. Employees of any federal, state or local government, or any agencies thereof, or of a state or local authority.
B. Employees of and on behalf of any gas or electric corporation, waterworks corporation or telegraph and telephone corporation
C. Maintenance work by bona fide employees in an industrial, commercial, institutional or other such establishment within the building or property
563-5 Application procedure; information required; qualifications; issuance of license. - correct answer All applications for licenses shall be submitted in writing on forms furnished by the Office and shall be accompanied by a nonrefundable application fee in the amount set forth in the appropriate article of this chapter.
563-6
Term of licenses; renewal; conditions; display required. - correct answer All licenses, except temporary licenses, shall be for a period of two years from the date of issuance thereof at the discretion of the Office and shall expire on the last day of the 24th month of such issuance. Subsequent renewals shall be for periods of two years.
563-7 Duplicate and supplementary licenses; fees - correct answer A duplicate license may be issued for a license which has been lost, destroyed or mutilated, upon application therefor on a form prescribed by the Director and the payment of a fee of $25. Each such duplicate license shall have the word "duplicate" stamped across the face thereof and shall bear the same number as the one it replaces.
563-8 Effect on validity of contracts. - correct answer A contract entered into after one year after the effective date of the appropriate article of this chapter by a person who engages in a business regulated by this chapter, who on the date of the contract does not possess a valid license to engage in such business, is unenforceable by him and voidable at the option of any other party to the contract rendered or to be rendered to such party.
563-9 Civil Penalties - correct answer In addition to any other penalties, Consumer Protection, of the Suffolk County Code, the Director shall have the power to impose a civil penalty upon a person not to exceed $750 for a first violation and $1,500 for any subsequent violation or to suspend or revoke a license or to deny an application for a license or the renewal of a license for any fraud
563-10 Prohibited Acts - correct answer Abandonment, estimates in any material respect without the consent of the contracting party, Conducting a business in any name other than the one for which the licensee holds a license
563-12 Penalties for offenses - correct answer Any person who shall conduct a business licensed by this article without obtaining a license therefor or who shall continue to engage in such licensed business after having had a valid license 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.
563-13 Injunctive relief - correct answer Upon application of the Director, the County Attorney or the District Attorney may commence an action in the name of the County to restrain, prevent and enjoin a violation of this chapter or any rule or regulation promulgated hereunder or any continuance of such violation.
563-14 Effect on Existing licenses - correct answer A license issued by any governmental agency prior to the effective date of the appropriate article of this chapter shall continue to remain in full force and effect until its expiration or termination unless sooner revoked or suspended for cause.
563-15 Review of administrative determinations - correct answer The action of the Director in adjudging fines or suspending, revoking or refusing to issue or renew a license may be reviewed by a proceeding brought under and pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York.
563-17 License required - correct answer It is unlawful for any person to engage in any business as a home improvement
contractor without obtaining a license. Every licensee shall maintain an
establishment within the State of New York.
563-18 Identification cards for salesmen - correct answer It is unlawful for any salesman, other than the individual who subscribes his name to
the application for a home improvement contracting license pursuant to the provisions of
§ 563-5, to engage in any business on behalf of a home improvement contractor without
obtaining an identification card from the Office
563-19 Fees - correct answer A. An application fee of $200 shall accompany each application for a home
improvement contracting license.
B. The fee for a home improvement contracting license or renewal thereof shall be $200
per annum.
563-20 Suspension or revocation of identification cards - correct answer A. An identification card issued to a salesman may be suspended or revoked in the
same manner as a license may be suspended or revoked pursuant to this chapter.
563-21 Prohibited acts
The following acts are prohibited:
A. Any fraud in the execution of or in the material alteration of any contract, mortgage,
promissory note or any document incident to a transaction.
B. Preparing or executing any mortgage. - correct answer A. Any fraud in the execution of or in the material alteration of any contract, mortgage,
promissory note or any document incident to a transaction.
B. Preparing or executing any mortgage.
563-22 Temporary license pending issuance of permanent license - correct answer A. The Office shall issue a temporary license to any applicant for a home improvement
contracting license if the Office has not, within 30 days after receipt of the application for
such license, approved or disapproved the application.
B. The temporary license shall be for a period of 90 days. If within such ninety-day
period the Office shall have failed to approve or disapprove the application, the Office
shall then issue a regular license to the applicant. If the application is approved during
the term of the temporary license, the Office shall issue a regular license to the
applicant.
C. The fee for a temporary license shall be $50 per annum. The fee for a regular license
issued to replace a temporary license shall be $150 for the first full year.
563-23 Exempted operations - correct answer No license or identification card shall be required of:
A. An employee, other than a salesman or a person acting as a salesman, who
performs labor or services for a licensed home improvement contractor for wages or
salary.
B. An architect, professional engineer o
563-24 Reduced license fees - correct answer An applicant may qualify for a reduced license fee if the applicant's net business or related personal income from the home improvement
contracting business does not exceed $20,000 per annum
770 Home Improvement - correct answer “Home improvement" means the repairing, remodeling, altering, converting, or
modernizing of, or adding to, residential property and shall include, but not be
limited to, the construction, erection, replacement, or improvement of driveways,
swimming pools, siding, insulation, roofing, windows, terraces, patios, landscaping,
fences, porches, garages, solar energy systems, flooring, basements, and other
improvements of the residential property and all structures or land adjacent to it.
770 Home improvement goods or services - correct answer “Home improvement goods or services" means goods and services which are
bought in connection with home improvement. Such home improvement goods and
services include burglar alarms, texture coating, fencing, air conditioning, heating
equipment
770 Home improvement contractor - correct answer “Home improvement contractor" means a person, firm or corporation which owns or
operates a home improvement business or who undertakes, offers to undertake or
agrees to perform any home improvement for a fee a [Show Less]