Complaints, Charges and Hearings for Businesses Regulated by DMV

The New York State Department of Motor Vehicles (DMV) regulates all repair shops, inspection stations, dealers, vehicle dismantlers, and other related businesses in New York State. To legally operate as such a business, you must register with the DMV. Once your application is approved you will receive a certificate from the DMV. You will also receive a copy of the Commissioner's Regulations that pertain to your type of business. They will explain your responsibilities to consumers. You must follow all consumer protection laws and regulations.

If a complaint has been filed against you or your business, a Consumer Services Representative (CSR) from the DMV will contact you in an attempt to resolve this complaint. The CSR will explain the nature of the complaint and will also inform you of your rights, responsibilities, and your liability. If the complaint is not resolved with the CSR, the case will be sent to an Automotive Facilities Inspector (AFI) for a formal investigation.

The AFI will conduct a formal investigation. The result may be no action, a warning letter (Notice of Investigation) placed in your file, or a formal administrative hearing before an Administrative Law Judge (ALJ).

When Vehicle Safety initiates the hearing process, you may be offered the opportunity through a "hearing waiver" to admit to the charges and to either pay a specified monetary penalty and/or to accept a suspension. If the waiver is accepted, no hearing is required. If the offer is rejected, a hearing must be held.

Accept a Hearing Waiver

Carefully read your hearing waiver notice. To accept the waiver, mark the correct box on the form. Mail the form to the address listed on the form. Make sure that you include a personal check and the required business documents described on the form.

You are entitled to hire an attorney and bring that attorney to the hearing. The DMV is the petitioner in this case and the complainant may be a witness for the case.

We will notify you by mail of the date, time, and location of your hearing. Hearings are held at different locations throughout New York State. The DMV tries to schedule the hearing at a location near your business.

Reschedule a Hearing

The DMV Hearing Bureau does not reschedule hearings without a good reason. Request an adjournment early, but no less than seven days before the date of the hearing. Include the reason why you requested the adjournment, your address, and your daytime telephone number. You or your attorney can request the adjournment by mail. Send the letter to the address below.

Confirmation of Adjournment

If you do not receive a confirmation at least five days before the date of your hearing, call the Hearing Bureau. Failure to receive a confirmation of your adjournment does not indicate that the Hearing Bureau gave you an adjournment.

After a DMV hearing, the DMV will send you a Notice After Hearing. There may be no action, a warning, the imposition of a suspension, revocation, and/or civil penalties. You may also be offered the opportunity to pay restitution to the consumer instead of the fines and/or penalties or to have the penalty reduced. If the ALJ only imposes civil penalties, to prevent the loss of your operating privilege, you must pay all fines and penalties. You will receive a letter from the DMV shortly after the hearing. You will have 30 days from the date of the order by the judge to pay your fine or penalty. Failure to pay any fines or penalties or to serve out your suspension will result in the indefinite suspension of your business certificate and the possible assessment of a lien against your business. 

Appeals

You have the right to appeal any adverse decision. If you choose to appeal, you have 60 days from the ALJ's decision to file the Appeal From DMV Hearing Determination (PDF) (AA-33A), which must be accompanied by the appropriate filing fee.

The Repair Shop Review Board reviews and determines all Repair Shop appeals. Such determinations may include affirming, reversing, or modifying the initial determination of the ALJ. The Repair Shop Review Board may also remand the matter for further proceedings before the ALJ.

Pay Fines

To pay a civil penalty, you must send a certified check or a money order to the DMV payable to the "Commissioner of Motor Vehicles". To pay restitution to the customer who filed the complaint, send to the DMV a certified check or money order that is payable to the name of the customer.

Send your check or money order to:

Standard Delivery:
NYS DMV
Bureau of Consumer and Facility Services
Application Unit
P.O. Box 2700
Albany, NY 12220

Express Mail:
NYS DMV
Bureau of Consumer and Facility Services
Issuance Unit
6 Empire State Plaza, Room 220
Albany, NY 12228

Suspension or Revocation

The suspension order or the revocation order has the date that your suspension or revocation will begin.

If you do not surrender the required items before the effective date of the suspension or the revocation, the period of the suspension or the revocation is extended. For example, a facility is suspended for 30 days. The facility does not surrender the certificate until 10 days after the effective date listed on the suspension order. The certificate is suspended for 10 days and for 30 days after the facility surrenders the items.

You must surrender the certificate of registration to a regional office of the Office of Vehicle Safety Field Services or to the DMV Central Office in Albany. You must surrender these items no later than the date that your suspension or revocation will begin or pay penalties

Bad Check

If you received a letter or suspension order for a bad check you can return the letter and 2 certified checks (or 2 money orders). 

• write one check or one money order for the amount of the bad check
• write the other check or the other money order for the amount of the penalty fee of $35

Make the checks or the money orders payable to the "Commissioner of Motor Vehicles." If you do not have the letter, you can call the DMV.