§ 398-i. Unregistered operation; procedures and penalties. 1. The\ncommissioner or any person deputized by him shall hear and determine any\nallegation that a person has operated a repair shop without being\nregistered as required by subdivision one of section three hundred\nninety-eight-c of this chapter. Upon a determination that a person has\nso operated, the commissioner or person deputized by him shall assess\ncivil penalties as provided in subdivisions two and three of this\nsection.\n 2. Except as provided in subdivision three, any person who operates a\nrepair shop without being registered shall be required to pay to the\npeople of this state a civil penalty in the sum of one thousand dollars.\nHowever, any such person against whom such penalty has been assessed may\navoid all but five hundred dollars of such penalty by obtaining a\nregistration as required by this article, provided that application for\nsuch registration is made not more than ten days after the imposition of\nsuch penalty.\n 3. (a) Any person who operates a repair shop while his repair shop\nregistration is revoked or suspended, shall pay to the people of this\nstate a civil penalty in the sum of one thousand dollars. Such civil\npenalty may not be avoided.\n (b) Any person who operates a repair shop without being registered as\nrequired by subdivision one of section three hundred ninety-eight-c of\nthis chapter who has previously had a civil penalty assessed for\nunregistered operation shall pay to the people of this state a civil\npenalty in the sum of one thousand dollars. Such civil penalty may not\nbe avoided.\n 4. (a) If it is determined that a person has operated a repair shop\nwithout being registered as required by this article, such determination\nmay be appealed to the review board established pursuant to section\nthree hundred ninety-eight-f of this chapter. The procedure established\nin such section shall apply to such appeals provided that no appeal\nshall be accepted or determined by the review board unless the civil\npenalty assessed against such person has been paid as prescribed in\nsubdivision two of this section.\n (b) The requirement that the civil penalty be paid before an appeal\ncan be accepted or determined by the review board shall not apply to an\nappeal by a repair shop from a determination made pursuant to\nsubdivision three of this section.\n (c) If the review board finds that the person has not been operating\na repair shop without being registered, any civil penalty which has been\npaid shall be refunded, any premises ordered to be sealed pursuant to\nsubdivision five-a of this section shall be unsealed, and if such board\ndetermines that registration as a repair shop is not required and a\nregistration has been obtained to avoid the civil penalty assessed, the\nregistration shall be cancelled and, notwithstanding the provisions of\nparagraph (a) of subdivision three of section three hundred\nninety-eight-c of this chapter, all fees paid for such registration\nshall be refunded.\n 5. Civil penalties assessed under this section shall be paid to the\ncommissioner for deposit into the state treasury, and unpaid civil\npenalties may be recovered by the commissioner in a civil action in the\nname of the commissioner. In addition, as an alternative to such civil\naction and provided that no proceeding for judicial review shall then be\npending and the time for initiation of such proceeding shall have\nexpired, the commissioner may file with the county clerk of the county\nin which the registrant is located a final order of the commissioner\ncontaining the amount of the penalty assessed. The filing of such final\norder shall have the full force and effect of a judgment duly docketed\nin the office of such clerk and may be enforced in the same manner and\nwith the same effect as that provided by law in respect to executions\nissued against property upon judgments of a court of record.\n 5-a. Sealing of the premises. (
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