[HISTORY: Adopted by the Town Board of the Town of Brookhaven 12-19-2019 by L.L. No.
28-2019. Amendments noted where applicable.]
A.
The Town Board finds that individuals and businesses often hire "expeditors"
to assist in moving their permit applications through the various
department(s) within the Town. The Town Board of the Town of Brookhaven
also finds that no special qualifications or expertise are required
for persons who provide expediting services, requiring that prior
to engaging in expediting activities in the Town of Brookhaven, expeditors,
and their employee(s), should be required to register with the Town
of Brookhaven.
B.
The Town Board determines that a registration requirement for expeditors
will allow for greater transparency and efficiency in the permitting
process.
C.
The Town Board also finds that a registration requirement will allow
the Town to hold expeditors accountable and suspend or revoke the
registration of expeditors where there is a finding of misconduct
by the Commissioner or after appeal by the hearing officer, thereby
protecting Town of Brookhaven applicants who avail themselves of expediting
services.
D.
The purpose of this chapter is to establish a registration requirement
for expeditors and their employee(s) who engage in expediting activities
in the Town of Brookhaven.
E.
This chapter sets forth standards, requirements and procedures for
the registration of expeditors.
For purposes of this chapter, the following terms, words and
phrases shall have the meanings indicated as follows:
The Commissioner of Planning, Environment and Land Management.
A department within the Town of Brookhaven that accepts and
processes an application for the issuance of a permit or other approval
by the Town of Brookhaven, including the filing of an application
or requesting or negotiating the approval of such application.
A service which provides, for any compensation or consideration,
assistance in expediting or progressing an application for the issuance
of a permit or other approval by a department, including the filing
of an application with a department or requesting or negotiating the
approval of such application.
Person(s), principal(s) or their employee(s), or self-employed
individuals who engage in the business of submitting, filing, requesting,
negotiating or otherwise seeking the approval of applications for
issuance of permits, or other approvals, including the approval of
design and installation documents.
Any natural person, corporation, unincorporated association,
proprietorship, firm, partnership, joint venture, or other entity
or business organization of any kind.
Any person who has obtained an expeditor registration certificate
from the Town of Brookhaven in accordance with the provision of this
law.
[Amended 6-4-2020 by L.L. No. 7-2020, effective 6-17-2020]
A.
It shall be unlawful for any person to provide, or offer to provide,
expediting services in the Town of Brookhaven without first obtaining
an expeditor registration certificate from the Town of Brookhaven
in accordance with the provisions of this chapter. The certificate
of registration is valid only for the specific person to whom it is
issued.
B.
The provisions of this chapter shall not apply to the following person(s):
(1)
The owner of the premises for which the application is filed, including,
and in the case of partnerships or corporations, the general partners
or the principal officers of the corporation.
(2)
The lessee of the premises for which the application is filed, when
authorized to do so by the owner of the premises to file the application.
(3)
Registered architects licensed by the New York State Department of
Education.
(4)
Professional engineers licensed by the New York State Department
of Education.
(5)
Attorneys duly admitted to practice law in the State of New York.
(6)
An agent who is not engaged in providing an expediting service or
who is not an expeditor.
A.
All applications for registration certificates shall be submitted
in writing on forms furnished by the Town of Brookhaven. The application
shall be signed under oath. Where a corporation is an applicant, the
applications shall be signed under oath by an authorized officer of
such corporation.
B.
An individual applicant must be at least 18 years of age and of good
character. The Commissioner may deny registration to a person who
has been convicted of a criminal offense related to giving or receiving
a bribe, giving or receiving unlawful gratuities, official misconduct
or other corruption-related acts.
A.
The initial application fee for an expeditor certificate of registration
shall be as established by Town Board resolution, which includes the
issuance of an expeditor certificate of registration.
(1)
Each employee of the corporation, unincorporated association, proprietorship,
firm, partnership, joint venture, or other entity or business organization
shall, before appearing before the Town of Brookhaven to perform expediting
services, be registered at a fee as established by Town Board resolution.
B.
Registration certificates should be valid for a period of one year
from the date of issuance.
C.
No registration certificate shall be assignable or transferable.
D.
No registrant shall permit or authorize the use of his or her registration
certificate by or on behalf of any other person.
E.
Each registrant shall, within 10 business days after a change of
business address, notify the department of such change.
F.
The scheduling of appointments for registrants shall be at the sole
discretion of the Commissioner.
G.
The Town of Brookhaven shall maintain a list of all registrants.
No expediting service or registrant shall claim or otherwise
represent that they are a governmental entity or a part thereof or
affiliated with an entity of government.
A.
The Commissioner may impose a civil fine not to exceed $500, revoke
an expeditor registration certificate, suspend an expeditor registration
certificate and/or deny an application to renew an expeditor registration
certificate upon at least seven business days' notice to the
last known address of the registrant and an opportunity to be heard.
Such notice shall be served either personally or by written notice,
return receipt requested, and shall state the date and place of the
hearing as well as enumerate the grounds constituting the allegations
against such registrant. Prior to fining a registrant, revoking an
expeditor registration certificate, suspending an expeditor registration
certificate and/or denying a renewal of an expeditor registration
certificate, the Commissioner shall determine the registrant has engaged
in one or more of the following:
(1)
Fraud, deceit, misrepresentation or bribery in securing an expeditor
registration certificate.
(2)
The making of any false statement in an application for an expeditor
registration certificate.
(3)
Violation of any provision of this chapter, any other appropriate
law or any rule or regulation promulgated thereunder.
(4)
Fraud, deceit or misrepresentation in providing expediting services.
B.
An appeal from the imposition of a civil fine, revocation of an expeditor
registration certificate, suspension of an expeditor registration
certificate and/or denial of an application to renew any expeditor
registration certificate may be taken by the registrant, by written
request to the Commissioner, made within 30 days from the date of
the imposition of the fine, revocation of the expeditor registration
certificate, suspension of the expeditor registration certificate
and/or denial of an application to renew an expeditor registration
certificate. A hearing before a hearing officer on such appeal shall
be held after receipt of written request of such appeal to the Commissioner.
The registrant may be represented by counsel and may produce witnesses
on his or her own behalf. A verbatim record of the hearing shall be
taken and preserved. For purposes of such hearing, the hearing officer
may administer oaths, take testimony, subpoena witnesses and compel
the production of books, paper, records or other documents deemed
pertinent to the subject of the hearing. After such hearing, the hearing
officer shall make written findings and conclusions and render a decision.
The decision shall state whether the hearing officer is sustaining
the imposition of a civil fine, revocation of an expeditor registration
certificate, suspension of an expeditor registration certificate and/or
denial of an application to renew an expeditor registration certificate,
or reversing the imposition of the fine, reducing the fine amount,
reinstating the expeditor registration certificate and/or renewing
the expeditor registration certificate, within 30 days after close
of the hearing.
[Amended 6-4-2020 by L.L. No. 7-2020, effective 6-17-2020]
Any person who provides expediting services without first obtaining
a registration certificate from the Town of Brookhaven or who shall
continue to provide expediting services after having had his/her registration
suspended or revoked shall be guilty of a misdemeanor and, upon conviction,
shall be subject to a minimum fine of $1,000 and a maximum fine of
$10,000 or imprisonment of not less than 15 days, nor more than one
year, or both. Each expediting service performed by a person without
a valid registration certificate shall be deemed a separate offense.
The Town Board is vested with the authority to make these amendments
by local law pursuant to Municipal Home Rule Law § 10 and
in conformance with Municipal Home Rule Law § 20.
