Complainant, Respondent. A hearing on the above-captioned matter was held on April 23, 2013.

Similar documents
A consolidated hearing on the above-captioned matters was held on November 20, 2013.

Complainants, Respondents-Licensees. A hearing on the above-captioned matters was held on January 2, 2014 and January 30, 2014.

Complainants, Respondent. A hearing on the above-captioned matter was held on June 4, 2013 and July 18, 2013.

Complainants, Respondent. A hearing on the above-captioned matter was held on May 13, 2014.

Hearings on the above-captioned matter were held on September 3, 2013 and on October 8,

Complainants, Respondents-Licensees.

Complainant, Respondent. A hearing on the above-captioned matter was held on April 4, 2013 and on October 9,

54TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2019

COURT OF APPEALS THIRD APPELLATE DISTRICT AUGLAIZE COUNTY PLAINTIFF-APPELLEE CASE NO

IC Chapter 28. Independent Adjuster Licensing

660-DOS-17. The respondent failed to appear. The Division of Licensing Services ( DLS ) was represented by Matthew Wolf, Esq.

Amendments That Encourage Compliance with the Tax Law and Enhance the Tax Department's Enforcement Ability

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 22, 2005

UNOFFICIAL COPY OF HOUSE BILL 1040 A BILL ENTITLED

Florida Senate SB 1106

HUDSON SPECIALTY INSURANCE COMPANY Employed Ancillary Provider Application for surplus lines coverage

City/State: From: To: City/State: From: To: City/State: From: To:

U.S. Department of Agriculture Food and Nutrition Service Administrative Review Branch Alexandria, VA 22302

STATE OF IOWA BEFORE THE DEPARTMENT OF COMMERCE ALCOHOLIC BEVERAGES DIVISION

APPLICATION FOR CHANGE OF STATUS Lee County Contractor Licensing P.O. Box 398, Fort Myers, Florida (239)

BEFORE THE DEPARTMENT OF BANKING AND CONSUMER FINANCE STATE OF MISSISSIPPI. VS. Cause No RHONDA HARE d/b/a CONSENT ORDER

This policy applies to all employees, including management, contractors, and agents. For purpose of this policy, a contractor or agent is defined as:

SUMMARY: NCOIL STORM CHASER MODEL LEGISLATION

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE JULY SESSION, 1998

NC General Statutes - Chapter 20 Article 9A 1

Felony Insurance Fraud Offenses 2015 Annual Report

[Cite as Disciplinary Counsel v. Bennett, 124 Ohio St.3d 314, 2010-Ohio-313.]

Statutes Relevant to the Education and Licensure of Fire Sprinkler Inspectors KRS 198B (6401) (6417) Enacted 2010

REPORT, DECISION AND IMPOSITION OF SANCTION

COURT OF APPEALS FAIRFIELD COUNTY, OHIO FIFTH APPELLATE DISTRICT

WASHINGTON STATE LAWS AND RULES Washington Administrative Code (WAC) Title 284 Revised Code of Washington (RCW) Title 48

Maryland Fair Debt Collection Practices Act

HONORABLE SERVICE. All Funds

How to Apply for Long Term Disability Conversion Insurance

Chapter 12: Mortgage Brokers

Pennsylvania Home Improvement

ARTICLE 136 Small and Disadvantaged Business Enterprise Program

IRONSHORE INSURANCE INC. One State Street Plaza, 8 th Floor New York, NY Tel: Toll Free: (877) IRON-411

LIMITED POWER OF ATTORNEY

RULES OF TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE DIVISION OF INSURANCE CHAPTER TENNESSEE CHARITABLE GIFT ANNUITIES REGULATIONS

COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT

Referred to Committee on Commerce and Labor. SUMMARY Makes various changes relating to insurance adjusters. (BDR )

Accident Medical Claim Form

Life Insurance Council Bylaws

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON STATE OF TENNESSEE, ) C.C.A. NO. 02C CC ) April 10, 1997 Appellee, )

OWNER'S OF COMPANY INFORMATION

Employment Practices Liability Insurance Part of the Executive First Suite

Home Address. Street City State Zip. Address. Street City State Zip. Home Phone ( ) Office Phone ( ) Fax ( )

Corporate Compliance Topic: False Claims Act and Whistleblower Provisions

The statutory basis for this rule entitled Mortgage Loan Originator Temporary License, is section , C.R.S.

Department of Public Safety Division of the State Fire Marshal Records Retention Schedule Approved 11/2010 & Amended 9/2013 & 1/2017

Greenwich Insurance Company REAL ESTATE PROFESSIONAL ERRORS AND OMISSIONS INSURANCE RENEWAL APPLICATION

S 2788 SUBSTITUTE A AS AMENDED ======== LC004226/SUB A ======== S T A T E O F R H O D E I S L A N D

Assembly Bill No. 12 Committee on Commerce and Labor

STATE OF LOUISIANA NO KA-0689 VERSUS COURT OF APPEAL LAWRENCE JOSEPH FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *

Kathleen S. Parks Knoxville, TN. Apella Capital, LLC 151 National Drive Glastonbury, CT FORM ADV PART 2B BROCHURE SUPPLEMENT

Title 9: BANKS AND FINANCIAL INSTITUTIONS

DISTRICT OF COLUMBIA DEPARTMENT OF INSURANCE, SECURITIES AND BANKING NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

TITLE 19. ALCOHOL, HORSE AND DOG RACING, LOTTERY, AND GAMING CHAPTER 3. ARIZONA STATE LOTTERY COMMISSION ARTICLE 2. RETAILERS

STATE OF OREGON DEPARTMENT OF CONSUMER AND BUSINESS SERVICES INSURANCE DIVISION

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs at Knoxville July 24, 2018

CAR WASH LICENSING RULES. New York City Department of Consumer Affairs. Notice of Public Hearing and Opportunity to Comment on Proposed Rule

BEFORE THE ALASKA OFFICE OF ADMINISTRATIVE HEARINGS

NOTICE OF CIVIL VIOLATION AND ORDER

CLAIM FORM. DATE OF BIRTH: 3. PATIENT'S NAME & ADDRESS- IF ADDRESS IS NEW, PLEASE CHECK BOX r PHONE: ( )

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

CHAPTER 23 THIRD PARTY ADMINISTRATORS

TITLE 35. MASHANTUCKET PEQUOT TRIBAL ELDERS FINANCIAL ASSISTANCE

COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT

MASSAGE THERAPIST LICENSE APPLICATION. SSN: MN Tax ID: FEIN: City: State: ZIP Code:

AN ACT relating to pharmacy benefits in the Medicaid program, and declaring an. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

RENEWAL APPLICATION FOR PRIVATE CHOICE ENCORE!

SUMMARY OF APPEALS CHAMBER SENTENCING JUDGEMENT. The Prosecutor v. Dusko Tadic 26 January 2000

376 Broadway, PO Box 1038, Schenectady, NY Toll free: 877- MERRIAM ( )

Certificate of Fraternal Society

Real Estate Professional Errors & Omissions Insurance Application

NOS CR CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs September 20, 2000

Rights and Responsibilities

Lost Instrument Bond Application PRINCIPAL INFORMATION

SENATE, No STATE OF NEW JERSEY. 217th LEGISLATURE INTRODUCED FEBRUARY 11, 2016

Statement of Practice on penalties for incorrect returns

STATE OF OHIO DARYL MCGINNIS

APPRAISAL MANAGEMENT COMPANY PROFESSIONAL LIABILITY APPLICATION

Ch. 35 TAX EXAMINATIONS AND ASSESSMENTS CHAPTER 35. TAX EXAMINATIONS AND ASSESSMENTS

N J DEPARTMENT OF BANKING AND INSURANCE LICENSING SERVICES BUREAU P.O. BOX 473 TRENTON, NJ 08625

THE HARTFORD PROFESSIONAL LIABILITY INSURANCE POLICY SM THIRD PARTY ADMINISTRATORS SUPPLEMENTAL APPLICATION

RETURN THIS COPY TO JOHN HANCOCK. City/Town: State: Zip:

ADAM H. PUTNAM COMMISSIONER

NATIONWIDE LIFE INSURANCE COMPANY NATIONAL CASUALTY COMPANY CLAIM FORM CLAIM FILING INSTRUCTIONS NOTE TO ORGANIZATIONS AND PATIENT

INSURANCE AGENTS AND BROKERS PROFESSIONAL LIABILITY APPLICATION

Court of Appeals of Ohio

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE MAY SESSION, 1996

CHAPTER 36 MORTGAGES

CASE NO. 1D Nathan Robert Prince of Law Office of Adam Ruiz, Tallahassee, for Appellant.

ARMED SERVICES BOARD OF CONTRACT APPEALS

EMPLOYEE STOCK OWNERSHIP PLAN RENEWAL QUESTIONNAIRE

General Instructions for Public Official Bonds

Transcription:

CITY OF NEW YORK DEPARTMENT OF CONSUMER AFFAIRS DEPARTMENT OF CONSUMER AFFAIRS, -against- Complainant, KUDOS CONSTRUCTION CORPORATION, Respondent. DECISION AND ORDER Violation No.: LL005312969 License No.: 1218468 (HIC) Respondent s Address: 22 West 23 rd Street Suite 4FL New York, NY 10010 A hearing on the above-captioned matter was held on April 23, 2013. Appearances: For the Department: Allison Johnson, Esq. For the Respondent: Edward Kratt, Esq.; Hyun Chul Choi, corporate officer (President); Minkyu John Park, corporate officer (Vice President); John Valverde, witness and Associate Executive Director of the Osborne Association. The Amended Notice of Hearing charged the respondent with violating: 1) New York City Administrative Code ( Administrative Code ) 20-101 for failing to maintain standards of integrity, honesty and fair dealing. Based on the evidence in this case, I RECOMMEND the following: Findings of Fact: On June 10, 2011, the Department issued Kudo s Construction Corporation a home improvement contractor license (number 1218468) which expires on June 30, 2013. On June 29, 2011, the respondent s president, Mr. Choi ( Choi ), and vice-president, Mr. Park ( Park ), pled guilty to violating New York State Tax Law 1804 (criminal tax fraud in the third degree, a class D felony) and Administrative Code 11-4004 (City Criminal tax fraud in the fourth degree, a class E felony). On August 22, 2012 Choi s renewal application for a home improvement salesperson license (no. 1218466) was denied. On June 6, 2012 Park s renewal application for a home improvement salesperson license (no.1218464) was denied.

Page 2 of 5 Opinion The Department established the violation by a preponderance of the evidence. It is uncontested that both Choi and Park were found guilty of violating New York State Tax Law 1804 (criminal tax fraud in the third degree, a class D felony) and Administrative Code 11-4004 (city criminal tax fraud in the fourth degree, a class E felony). Choi and Park are required to maintain the standards of integrity, honesty and fair dealing required to hold a license under Administrative Code 20-101. Pursuant to Administrative Code 20-392(a)(3)(b), [t]he Commissioner shall have the power to revoke a license [if] [t]he person or the management personnel of the contractor are untrustworthy or not of good character. It is determined that Choi and Park s actions constitute a violation of Administrative Code 20-101. Choi and Park both claim a presumption of rehabilitation pursuant to Correction Law 752 because they were granted certificates of relief from civil disabilities. (see Respondent s B & C). In addition, Choi and Park claim that they have rehabilitated themselves through community service which they either performed voluntarily or in conjunction with their sentence for the aforementioned charges. Further, they claim that they have never defrauded any consumer nor had any consumer-related complaints lodged against them and offer as evidence personal references from friends and former clients. 1 Accordingly, they claim that the offenses should not be used as evidence of lack of fitness to hold a license because there is no direct link between the crimes and the issuance of their license. In considering all factors delineated in Correction Law 753(1), it is determined that there is an unreasonable risk to the safety or welfare of the public and that the direct relationship between the crimes committed and the license is not sufficiently attenuated. Matter of Bonacorsa v. Van Lindt, 71 N.Y.2d 605, 523 N.E.2d 806, 528 N.Y.S2d 519. Choi and Park were of sufficient age, maturity and educational backgrounds to exercise better judgment than by paying employees off the books to evade payment of over $1 million in taxes. Choi and Park were convicted of serious felonies and served a sentence consisting of both jail time and community service. Their excuse that the practice of paying employees off the books is prevalent in the construction industry is another poor indicator of integrity and character and further exemplifies the direct relationship between the crimes committed and the issuance of their license. To be a licensee of The Department of Consumer Affairs is a privilege and not a right. It instills in the licensee a tremendous 1 Respondent s post-hearing submissions received on April 25, 2013 have been considered in this determination.

Page 3 of 5 amount of confidence and trust not only by the Department but by the public at large. A consumer in need of home improvement work is far more vulnerable to deception than a taxing authority such as the State of New York yet respondent argues that it has drawn the line between not defrauding the consumer and defrauding the government. It is not credible that deceit and avarice know those distinctions. Furthermore, although Choi and Park claim that all their employees are now paid on the books and are properly documented, they offer no corroborating evidence establishing compliance. Order Based on the above, the charge shall be sustained. The respondent is found guilty of the charge set forth in the Amended Notice of Hearing. The respondent s license (number 1218468) is REVOKED effective immediately. The respondent is directed to surrender the license document immediately in person or by mail to DCA s Licensing Center which is located at 42 Broadway, New York, NY 10004. If the respondent operates while the license is revoked, the respondent will be subject to criminal prosecution and/or civil penalties of at least $100 per day for each and every day of unlicensed activity, as well as the closing of the respondent s business and/or the removal of items sold, offered for sale, or utilized in the operation of such business, pursuant to Administrative Code Sections 20-105 and 20-106 (the Padlock Law ). It is further declared that the respondent is deemed unfit to hold any license issued by the Department of Consumer Affairs. This constitutes the recommendation of the Administrative Law Judge. N. Tumelty Administrative Law Judge

Page 4 of 5 DECISION AND ORDER The recommendation of the Administrative Law Judge is approved. This constitutes an Order of the Department. Failure to comply with this Order within thirty (30) days may result in the suspension of any other Department of Consumer Affairs license held by the respondent. Date: 6 May 2013 James M. Plotkin Deputy Director of Adjudication cc: Allison Johnson, Esq. (Licensing Attorney) Legal Division Edward M. Kratt, Esq. 100 Lafayette Street Suite 303A New York, NY 10013 Email: edkratt@aol.com Mr. Minkyu Park and Mr. Hyun Chul Choi Email: Johnpark@kudosconstruction.com

Page 5 of 5 APPEAL INFORMATION You have 30 days to file an APPEAL of this decision. You must include with your appeal all of the following: (1) a check or money order payable to DCA for the sum of $25; and (2) a check or money order payable to DCA for the amount of the fine imposed by the decision, or an application for a waiver of the requirement to pay the fine as a requisite for an appeal, based upon financial hardship. The application must be supported by evidence of financial hardship, including the most recent tax returns you have filed. BY EMAIL: Send your appeal to myappeal@dca.nyc.gov and, at the same time, mail the $25 appeal fee to: DCA Administrative Tribunal, 66 John Street, 11 th Floor, New York, NY 10038. (Make sure to write the violation number(s) on your check or money order.) You may pay the fine online at www.nyc.gov/consumers, or mail a check or money order to: DCA, Collections Division, 42 Broadway, NY, NY 10004. BY REGULAR MAIL: Mail your appeal and the appeal fee to: Director of Adjudication, Department of Consumer Affairs, 66 John Street, 11 th Floor, New York, NY 10038. You must also mail a copy of your appeal to: DCA, Legal Division, 42 Broadway, 9 th Floor, New York, NY 10004. Make sure to include in your appeal some indication or proof that you have sent a copy of the appeal to DCA s Legal Division. You may pay the fine online at www.nyc.gov/consumers, or mail a check or money order to: DCA, Collections Division, 42 Broadway, NY, NY 10004.