§ 60B-12 Compliance with Laws – Proper Conduct.
(a) Bribery. A Base Station Applicant or Licensee must not offer or give any gift, gratuity or thing of value to any employee, representative or member of the Commission or any other public servant.
35 RCNY § 60B-12(a) Fine: $10,000 and revocation Appearance REQUIRED
(b) Failure to Report Bribery. A Base Station Owner must immediately report to the Commission any request or demand for a gift, gratuity or thing of value by any employee, representative or member of the Commission or any other public servant.
35 RCNY § 60B-12(b) Fine: $1,000 and/or suspension up to 30 days or revocation Appearance REQUIRED
(c) Fraud, Theft. While performing the duties and responsibilities of a Base Station Owner, a Licensee must not commit or attempt to commit, any act of fraud, misrepresentation or theft.
35 RCNY § 60B-12(c) Fine: $350 - $1,000 and suspension up to 60 days or revocation. Appearance REQUIRED
(d) Willful Acts of Omission. While performing the duties and responsibilities of a Base Station Owner, a Licensee must not deliberately fail to perform any act, alone or with another, where this failure is against the best interests of the public.
35 RCNY § 60B-12(d) Fine: $150 - $350 and/or suspension up to 30 days or revocation. Appearance REQUIRED
(e) Willful Acts of Commission. While performing the duties and responsibilities of a Base Station Owner, a Licensee must not perform or attempt to perform, alone or with another, any act that is against the best interests of the public.
35 RCNY § 60B-12(e) Fine: $150 - $350 and/or suspension up to 30 days or revocation. Appearance REQUIRED
(f) Threats, Harassment, Abuse. While performing the duties and responsibilities of a Base Station Owner, a Licensee must not:
(1) Threaten, harass, or abuse any person;
(2) Distract, or attempt to distract a Service Animal.
35 RCNY § 60B-12(f) Fine: $25 - $350 and/or suspension up to 30 days Appearance REQUIRED
(g) Use or Threat of Physical Force. While performing the duties and responsibilities of a Base Station Owner or any act in connection with those duties, a Licensee must not harm, use or attempt to harm or use any physical force against a person or Service Animal.
35 RCNY § 60B-12(g) Fine: $20 - $350 and/or suspension up to 30 days; possible revocation (OATH)
(h) Notice of Criminal Conviction.
(1) A Base Station Owner must notify the Commission within 15 calendar days after any criminal conviction of the Licensee, individually or, if the Licensee is a Business Entity, of any Business Entity Person.
(2) The Owner must also provide the Commission with a certified copy of the certificate issued by the clerk of the court explaining what happened as a result of the conviction within 15 days after the certificate is issued.
35 RCNY § 60B-12(h) Fine: $50 - $250 Appearance REQUIRED
(i) Failure to Cooperate with Commission Enforcement. A Base Station Owner must cooperate with all Commission enforcement officers and all authorized representatives of the Commission. Cooperation includes, but is not limited to, responding to a request for the Licensee's name, License number, and any documents Licensee is required to have in his or her possession.
35 RCNY § 60B-12(i) Fine: $15 - $150 Appearance REQUIRED
(j) Failure to Cooperate with the Commission.
(1) A Base Station Owner must promptly and truthfully answer all questions and comply with all communications, directives, and summonses issued by the Commission or its representatives.
35 RCNY § 60B-12(j)(1) Fine: $300 and Suspension until compliance Appearance REQUIRED
(2) A Base Station Owner must respond to any contact from the Commission within forty-eight hours, seven days a week.
35 RCNY § 60B-12(j)(2) Fine: $500 Appearance NOT required
(k) Courtesy. Owners must be courteous toward passengers and the general public, including Commission personnel, while performing their duties and responsibilities as Owners.
35 RCNY § 60B-12(k) Fine: $25 Appearance NOT required
(l) Facilitation of Sex Trafficking with a Vehicle. While performing the duties and responsibilities of a Base Station Owner, a Licensee must not Facilitate Sex Trafficking with a Vehicle.
35 RCNY § 60B-12(l) Fine: $10,000 and revocation. Appearance NOT REQUIRED
(m) Retaliation.
(1) A Paratransit Base must not retaliate against any Driver for making a good faith complaint against any Base.
(2) Retaliation will be broadly construed, and will include imposing any adverse condition or consequence on the Driver or withholding or withdrawing any beneficial condition or consequence from the Driver.
35 RCNY § 60B-12(m) Fine: $1,000 plus restitution to the driver for losses for the first violation and a fine of $10,000 plus restitution to the driver for the second violation within five years. Appearance NOT REQUIRED
(Amended City Record 9/24/2015, eff. 10/24/2015)