Suffolk County Law Regarding Licensed Occupations Home Improvement Test Study Guide Questions & Answers Already Graded A+

The County Legislature hereby finds and determines that 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. - Answer-563-1 Legislative Findings: Includes occupation, profession, trade, craft or any other calling for hire. - Answer-563-2 Business The Commissioner of the Department of Labor, Licensing and Consumer Affairs. - Answer-563-2 COMISSIONER or DIRECTOR An individual who buys or leases or agrees to buy or lease consumer goods or services or credit, including a co-guarantor or surety. - Answer-563-2 CONSUMER Those which are primarily for personal, household or family purposes. - Answer-563-2 CONSUMER GOODS, SERVICES, CREDIT AND DEBTS An oral or written agreement contained in one or more documents for the performance of work and includes all labor, goods and services. - Answer-563-2 CONTRACT 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. - Answer-563-2 DECEPTIVE TRADE PRACTICES The Department of Labor, Licensing and Consumer Affairs. - Answer-563-2 DEPARTMENT or OFFICEThe undertaking, offering to undertake, solicitation or agreement to perform a contract. - Answer-563-2 ENGAGES A person permitted to engage in a business licensed pursuant to the provisions of the appropriate article of this chapter. - Answer-563-2 LICENSEE 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. - Answer-563-2 PERSON 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. - Answer-563-2 TEMPORARY LICENSE Any act or practice which unfairly takes advantage of the lack of knowledge, ability, experience, or capacity of the consumer - Answer-563-2 UNCONSCIONABLE TRADE PRACTICE 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. - Answer-563-3 LICENSE REQUIRED 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 - Answer-563-4 EXEMPT EMPLOYEES 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. - Answer-563-5 Application procedure; information required; qualifications; issuance of license.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. - Answer-563-6 Term of licenses; renewal; conditions; display required. 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. - Answer-563-7 Duplicate and supplementary licenses; fees 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. - Answer-563-8 Effect on validity of contracts. 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 - Answer-563-9 Civil Penalties 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 - Answer- 563-10 Prohibited Acts 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. - Answer-563-12 Penalties for offenses 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. - Answer-563-13 Injunctive reliefA 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. - Answer-563-14 Effect on Existing licenses