N.Y.C. Admin. Code § FC 115: Section FC 115: Company Certificates

115.1 Duties.

A certificate holder shall be responsible for the safe manufacturing, storage, handling, use, operation, maintenance, inspection, testing, repair and/or supervision of the activity for which the certificate is required, in accordance with this code, the rules and any other applicable laws, rules or regulations.

115.2 Applications.

Applications for new or renewal certificates required by the provisions of this code or the rules shall be made to the commissioner, in such form and detail as the commissioner may prescribe, including such information and documentation as the commissioner may require.

115.3 Minimum qualifications.

Applicants and their principals shall submit evidence acceptable to the commissioner of such experience and qualifications as set forth in this code, the rules or the department's notice of examination for such certificate.

115.4 Investigation.

Applicants and their principals are subject to an investigation by the department in connection with their application and their qualifications and fitness for the certificate.

115.5 Fingerprinting.

The commissioner may require the fingerprinting and criminal background check of applicants for a certificate and their principals.

115.6 Issuance.

The commissioner may grant an application for a company certificate upon a determination that the applicant possesses all of the qualifications for such certificate, as set forth in the code and the rules.

115.6.1 Term of certificate.

Every certificate or renewal thereof granted by the commissioner shall be for a period as specified therein, not to exceed 2 years, and shall expire at the end of such period unless the commissioner approves its renewal.

115.6.2 Time for submission of renewal applications.

Applicants may apply for renewal during the period from 60 calendar days prior to a certificate's expiration date to not more than 1 year after such date. The commissioner shall not renew certificates that have been expired for more than 1 year. Persons holding such certificates must apply for an original certificate and comply with all of the original certificate requirements.

115.6.3 Renewal.

Certificate renewals shall be at the discretion of the commissioner in the interest of public safety based on a review of the certificate holder's qualifications and fitness. The department may review the certificate holder's qualifications and fitness and may require a certificate holder to complete a department-approved continuing education program and/or provide other proof of the holder's continuing qualifications and fitness.

115.7 Expired certificates.

It shall be unlawful to engage in the business authorized by a certificate after the term of such certificate has expired.

115.8 Certificate revocation and suspension.

The commissioner may, at any time, revoke or suspend a certificate for misconduct or other good cause. The certificate holder shall be afforded notice and an opportunity to be heard prior to any such suspension or revocation except that, in the circumstance of an imminent threat to public safety, such notice and opportunity to be heard may be given promptly after such revocation or suspension.

115.9 Misrepresentation as department employees.

No person may falsely represent himself or herself to be a member or agent of the department.

115.10 Insurance.

The commissioner may require certificate holders to obtain and furnish proof of general liability insurance, in such amounts and in accordance with such requirements, as may be set forth in the code or the rules, otherwise required by law, or required as a condition of the certificate issuance. The certificate shall expire by operation of law if any such required insurance lapses, expires or is cancelled during the term of the certificate.