Suffolk County Licensed Occupations

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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?

An individual who buys or leases or agrees to buy or lease consumer goods or services or credit, including a co-guarantor or surety. Signup and view all the answers

What are consumer goods, services, credit, and debts primarily used for?

Personal, household, or family purposes. Signup and view all the answers

What does a contract entail as defined by this chapter?

An oral or written agreement contained in one or more documents for the performance of work and includes all labor, goods and services. Signup and view all the answers

What constitutes deceptive trade practices?

Any false, falsely disparaging or misleading statement made in connection with a contract. Signup and view all the answers

What defines the Department or Office in this context?

The Department of Labor, Licensing and Consumer Affairs. Signup and view all the answers

What actions are considered unconscionable trade practices?

Any act or practice which unfairly takes advantage of the lack of knowledge, ability, experience, or capacity of the consumer. Signup and view all the answers

Is it unlawful to engage in any business regulated by this chapter without a license?

True (A) Signup and view all the answers

Who are exempt employees according to this chapter?

Employees of federal, state or local government, or any agencies thereof. Signup and view all the answers

What is required when applying for a license?

Applications must be submitted in writing on forms furnished by the Office, accompanied by a nonrefundable application fee. Signup and view all the answers

What is the term of licenses issued, excluding temporary licenses?

All licenses shall be for a period of two years from the date of issuance. Signup and view all the answers

What happens if a contract is entered into without a valid license?

The contract is unenforceable and voidable at the option of any other party to the contract. Signup and view all the answers

What is the maximum civil penalty for a first violation?

$750 Signup and view all the answers

What are some acts prohibited under this law?

Abandonment, estimates in any material respect without consent of the contracting party. Signup and view all the answers

What is the penalty for conducting a business without a license?

A fine of not more than $5,000 or imprisonment for not more than one year. Signup and view all the answers

What is meant by 'home improvement'?

The repairing, remodeling, altering, converting, or modernizing of residential property. Signup and view all the answers

What are 'home improvement goods or services'?

Goods and services which are bought in connection with home improvement. Signup and view all the answers

Can home improvement contractors conduct business without obtaining a license?

False (B) Signup and view all the answers

What does a home improvement contract entail?

An agreement for the performance of home improvement between a contractor and an owner. Signup and view all the answers

What must be included in a home improvement contract?

The approximate dates of work, a description of the work to be performed. Signup and view all the answers

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.