Questions and Answers
What do the legislative findings state regarding licensing?
The health, safety and general welfare of the consumers of Suffolk County will be enhanced if provision is made for the licensing of persons engaged in the occupations regulated by this chapter.
What is considered a business under the definition provided?
Includes occupation, profession, trade, craft or any other calling for hire.
Who is referred to as the Commissioner or Director?
The Commissioner of the Department of Labor, Licensing and Consumer Affairs.
Who qualifies as a consumer under this law?
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What are consumer goods, services, credit, and debts primarily used for?
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What does a contract entail as defined by this chapter?
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What constitutes deceptive trade practices?
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What defines the Department or Office in this context?
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What actions are considered unconscionable trade practices?
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Is it unlawful to engage in any business regulated by this chapter without a license?
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Who are exempt employees according to this chapter?
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What is required when applying for a license?
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What is the term of licenses issued, excluding temporary licenses?
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What happens if a contract is entered into without a valid license?
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What is the maximum civil penalty for a first violation?
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What are some acts prohibited under this law?
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What is the penalty for conducting a business without a license?
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What is meant by 'home improvement'?
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What are 'home improvement goods or services'?
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Can home improvement contractors conduct business without obtaining a license?
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What does a home improvement contract entail?
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What must be included in a home improvement contract?
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Study Notes
Legislative Findings
- Licensing of regulated occupations is essential for enhancing health, safety, and consumer welfare in Suffolk County.
Definitions
- Business: Encompasses various occupations, professions, trades, or crafts for hire.
- Commissioner/Director: Refers to the head of the Department of Labor, Licensing and Consumer Affairs.
- Consumer: An individual purchasing or leasing goods, services, or credit, including co-guarantors.
- Consumer Goods, Services, Credit and Debts: Mainly for personal, household, or family use.
- Contract: An oral or written agreement for performing work, covering labor, goods, and services.
- Deceptive Trade Practices: False or misleading statements that can deceive consumers in contracts or credit extensions.
- Licensee: A person authorized to engage in a licensed business as per the regulations.
- Temporary License: A time-limited license for performing work, subject to conditions set by the Director.
Legal Requirements
- License Requirement: Engaging in any business regulated by the chapter without a license is unlawful, subject to exemptions.
- Exempt Employees: Includes government employees, utility corporation staff, and maintenance workers in certain settings.
- Application Procedure: Licenses require a written application with a nonrefundable fee.
License Details
- License Duration: Regular licenses last two years and require renewal; temporary licenses last 90 days.
- Duplicate Licenses: Available upon loss or destruction of the original, with a fee of $25.
- Unenforceable Contracts: Contracts made without a valid license after a year of the chapter's effective date are voidable.
Penalties and Violations
- Civil Penalties: Fines up to $750 for first violations and $1,500 for subsequent violations, along with potential license suspension.
- Prohibited Acts: Includes abandonment of contracts and conducting business under an unlicensed name.
- Misdemeanor: Conducting licensed business without a license can lead to fines up to $5,000 or imprisonment.
Administrative Actions
- Injunctive Relief: The Director can take action through the County Attorney against violations.
- Review of Determinations: License actions can be contested under Article 78 of the Civil Practice Law.
Home Improvement Regulations
- Home Improvement Definition: Covers repairing, remodeling, or modernizing residential properties including various structural improvements.
- Contractor Definition: A licensed individual or entity performing home improvement work for compensation.
- Contract Requirements: Must include contractor's details, estimated work dates, and materials involved.
Additional Contracts Information
- Mechanic's Lien Notice: Obligates homeowners to pay contractors or risk a mechanic's lien against their property.
- Cancellation Notice: Owners may cancel contracts within three business days after signing.
Fees and Financial Considerations
- License Fees: $200 application fee for home improvement licenses, renewable at the same amount annually.
- Reduced Fees: Available for applicants with net business income under $20,000 annually.
Exemptions
- Exempt Operations: Employees performing work for licensed contractors do not need individual licenses.
- Temporary Licenses: Issued automatically if the Office does not approve an application within 30 days.
This summary encapsulates the significant aspects of Suffolk County law regarding licensed occupations, tailored for effective studying.
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Description
This quiz covers the key legislative findings and definitions related to licensed occupations in Suffolk County. Test your understanding of the regulations impacting health, safety, and occupational licensing in the region. Ideal for those preparing for the Home Improvement Test.