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TWC-230615
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Office of Administrative Trials and Hearings
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Issued
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Early Settlement
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2024-11-26
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1750
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No data
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An applicant for a license or a licensee and an applicant for exemption from the requirement for a license or an applicant granted such exemption must notify the Commission, within ten (10) business days, of the arrest or criminal conviction after the submission of the application of any principal or any employee or agent or any prospective employee or agent identified on the application, of which the applicant for a license or the licensee had knowledge or should have known, except where such disclosure is protected by Subdivision 16 of Section 296 of Article 15 of the New York State Executive Law.
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TWC-230561
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Office of Administrative Trials and Hearings
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Issued
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Early Settlement
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2024-10-31
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1250
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No data
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A licensee must maintain a complete and accurate Customer Register on a form or in a computer format approved by the Commission.The Customer Register contain a list of all customers currently served by the licensee and include the customer's name and the name of an authorized representative of the customer, any trade name, the address or addresses of service, the billing address, the telephone number, the date on which services commenced, the total charge per month, and such other information as may be specified by Commission directives. (1) The Customer Register must contain a list of all customers currently served by the licensee and include the customer's name and the name of an authorized representative of the customer, any trade name, the address or addresses of service, the billing address, the telephone number, the date on which services commenced, the total charge per month, and such other information as may be specified by Commission directives. (2) The Customer Register must state the name of each putrescible solid waste transfer station, nonputrescible solid waste transfer station, or other facility used during the period for which the report is submitted. Such report must also state the total volume or weight and type of designated recyclable materials collected and transported and/or the total combined volume or weight and type of designated recyclable materials and non-designated materials collected and transported to putrescible solid waste transfer stations, non-putrescible solid waste transfer stations, or other facilities during the period for which the report is submitted. (3) A complete and up-to-date Customer Register must be filed on January 31 for the period October 1 to December 31; on April 30 for the period January 1 to March 31; on July 31 for the period April 1 to June 30; and on October 31 for the period July 1 to September 30, or as often as ordered by the Commission. In the event that the Commission grants a new license, the newly licensed company must file its first Customer Register with the Commission no later than ninety (90) days after the granting of its license, unless otherwise directed by the Commission. This subdivision applies to companies operating with temporary permission of the Commission, pending decision on their license application. (4) Upon the final implementation date for a particular commercial waste zone, licensees who are designated carters will not be subject to the requirements of this subdivision in such zone. Licensees who operate in any zones prior to the final implementation date for such zone will continue to be subject to the requirements of this subdivision.
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TWC-230179
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Office of Administrative Trials and Hearings
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Issued
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Early Settlement
|
2024-09-27
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2250
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No data
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All vehicles operated pursuant to a license shall be loaded at all times in such a manner and by such methods as to prevent the release or discharge of dust and to prevent spilling of materials upon sidewalks or streets and every operator of a vehicle shall remove immediately from sidewalks or streets all materials spilled, littered, or thrown thereon in loading operations or in the handling and return of receptacles or while traveling.
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TWC-229948
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Office of Administrative Trials and Hearings
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Issued
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Early Settlement
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2024-09-03
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4500
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No data
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A trade waste vehicle must not be operated unless the operator of such vehicle is satisfied such vehicle is in safe operating condition. A licensee must require the operator of such vehicle to inspect such vehicle following each day's work and to prepare a daily inspection report that identifies such vehicle and any defect that would affect the safety of operation of such vehicle. Such daily inspection report must cover at a minimum the following parts and accessories: service and parking brakes, steering mechanism, tires, wheels and rims, side guards, coupling devices, mirrors, lighting devices and reflectors, horn, windshield wipers, and emergency equipment. Copies of such daily inspection reports must be kept in the corresponding vehicle in accordance with the requirements of subdivision (n) of 17 RCNY ? 5-03. The operator of such vehicle must review the most recent daily inspection report and determine whether required repairs have been made when evaluating the condition of such vehicle.
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TWC-230000
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Office of Administrative Trials and Hearings
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Issued
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Early Settlement
|
2024-08-24
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4250
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No data
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In addition to any other prohibition contained in Chapter 1 of Title 16-A of the Code or this chapter, an applicant, a licensee, a registrant, a principal of a licensee or a registrant, or an employee required to make disclosure, pursuant to Section 16-510 of the Code as listed in Appendix A of Subchapter C of this chapter must not:violate or fail to comply with any order or directive of the Commission;
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TWC-229912
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Office of Administrative Trials and Hearings
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Issued
|
Early Settlement
|
2024-08-22
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4500
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No data
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All vehicles operated pursuant to a license shall be loaded at all times in such a manner and by such methods as to prevent the release or discharge of dust and to prevent spilling of materials upon sidewalks or streets and every operator of a vehicle shall remove immediately from sidewalks or streets all materials spilled, littered, or thrown thereon in loading operations or in the handling and return of receptacles or while traveling.
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TWC-229909
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Office of Administrative Trials and Hearings
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Issued
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Early Settlement
|
2024-08-22
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750
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No data
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A licensee shall provide for off-street parking for vehicles used to transport waste, and shall not permit such vehicles to be parked on the street during the hours when they are not in use.
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TWC-229739
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Office of Administrative Trials and Hearings
|
Issued
|
Early Settlement
|
2024-08-12
|
3250
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No data
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Liability for negligence. No contract or contract amendment shall provide that the licensee is exempt from liability for damage caused by its negligence or the negligence of any of its agents.
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TWC-229623
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Office of Administrative Trials and Hearings
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Issued
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Early Settlement
|
2024-07-12
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1500
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No data
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Each vehicle must have the name and business address of the licensee lettered legibly in letters and figures not less than eight (8) inches in height, and in a color that contrasts with the color of the vehicle, on each side of the vehicle body or upon each door of the vehicle cab at all times.
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TWC-229310
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Office of Administrative Trials and Hearings
|
Issued
|
Early Settlement
|
2024-05-22
|
5250
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No data
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Vehicles and containers shall be thoroughly cleaned inside and outside frequently so that they shall present a good appearance and be maintained free of dirt and offensive odors at all times.
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TWC-228794
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Office of Administrative Trials and Hearings
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Issued
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Settled
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2024-03-07
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1250
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2024-04-07
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An applicant for a license or a licensee must notify the Commission within ten (10) business days of any crash that involved a vehicle used in the course of the business of such applicant or licensee. Additionally, such applicant or licensee must provide the Commission with a copy of the Report of Motor Vehicle Accident (MV-104) and any other forms filed with the New York State Department of Motor Vehicles within ten (10) business days from the date by which such applicant or licensee is required to file the forms with such department.
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TWC-228678
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Office of Administrative Trials and Hearings
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Issued
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Settled
|
2024-03-05
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750
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2024-04-07
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A licensee shall provide for off-street parking for vehicles used to transport waste, and shall not permit such vehicles to be parked on the street during the hours when they are not in use.
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TWC-228610
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Office of Administrative Trials and Hearings
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Issued
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Settled
|
2024-02-23
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3250
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2024-04-07
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Each vehicle must have the name and business address of the licensee lettered legibly in letters and figures not less than eight (8) inches in height, and in a color that contrasts with the color of the vehicle, on each side of the vehicle body or upon each door of the vehicle cab at all times.
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TWC-228241
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Office of Administrative Trials and Hearings
|
Issued
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Settled
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2024-01-05
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1775
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2024-04-07
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All vehicles operated pursuant to a license shall be loaded at all times in such a manner and by such methods as to prevent the release or discharge of dust and to prevent spilling of materials upon sidewalks or streets and every operator of a vehicle shall remove immediately from sidewalks or streets all materials spilled, littered, or thrown thereon in loading operations or in the handling and return of receptacles or while traveling.
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TWC-227426
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Office of Administrative Trials and Hearings
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Issued
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Settled
|
2023-09-05
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1000
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2024-04-07
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A licensee must maintain annual financial statements in a form or computer format prescribed by the Commission. The Commission may require that such financial statements be audited by an independent certified public accountant who is not employed by or related to the licensee or any principal of the licensee and has no financial interest in the licensee or any principal of the licensee. The financial statements must include a balance sheet, an income statement, a statement of cash flows, and a statement of retained earnings or (if the licensee is a sole proprietorship or partnership) capital. The auditor shall render an opinion as to whether the financial statements accurately reflect the financial position of the licensee as of the balance sheet date and the results of its operations and cash flows for the year ended, except that the auditor need not opine on Paragraphs (3) and (4) of this Subdivision. The auditor shall also issue a supplemental opinion on the licensee's compliance with the financial record-keeping and reporting requirements of the Commission. Such supplemental opinion shall detail each and every variance or deviation from the Commission's requirements noted during the auditor's examination of the licensee's financial books and records. The licensee must certify, and the principal responsible for the licensee's financial affairs must swear under oath upon penalty of perjury, that the financial statement accurately reflects the licensee's accounts and financial operations. At the completion of the audit, the licensee must obtain from the auditor copies of the accountant's work papers and must retain such papers with the licensee's records. Except that a micro-hauler licensee may satisfy the requirements of this subdivision by maintaining tax returns prepared by a certified public accountant. The Commission is not precluded from requiring a micro-hauler licensee to prepare a financial statement required by this subdivision upon the Commission's request. (1) The balance sheet must include the balance for each group or type of asset, liability, and capital amount at the end of the accounting period. (2) The income statement must include the balance of each group or type of income and expense for the accounting period. Income and expenses related to waste removal, collection, disposal, and recycling must be shown in such a manner as to be traceable from the income statement to the General Ledger, Customer Ledger, Cash Receipts Journal, Cash Disbursements Journal, Disposal Expense Subsidiary Journal, invoices, cancelled checks, cash receipts, bank statements, and deposit slips. (3) The following schedules must be included in the financial statement in support of the balance sheet and income statement: (A) a truck and container analysis; (B) a schedule of investments; (C) allowances for doubtful accounts; (D) prepaid expenses; (E) miscellaneous current and other assets; (F) fixed assets, depreciation, and accumulated depreciation; (G) route purchases; (H) notes payable and receivable; (I) taxes prepaid and accrued; (J) miscellaneous current and accrued liabilities; (K) capital stock; (L) additional paid-in capital; (M) retained earnings; (N) intangible assets and accumulated amortization; and (O) waste collection analysis. (4) Operating, administrative, and general expenses must be summarized and must include schedules as follows: (A) a payroll analysis with details of drivers' and helpers' wages, mechanics' wages, workers' compensation insurance, disability insurance, payroll taxes, and pension and welfare fund payments; (B) a truck and container analysis with details of garage, rent, gas, oil, tolls, truck insurance, repairs, maintenance, truck rental, license plates, license fees, truck mileage taxes, depreciation, and other related expenses; (C) a disposal analysis with details of all expenses incurred, and credits (including cash) obtained in connection with disposing or recycling collected waste including the name of the disposal facility or vehicle or recycling facility, the type of disposal or recycling facilities used (e.g., landfill, transfer station, or recycling center), the complete address of each disposal facility or vehicle or recycling facility, the amount of collected waste that was delivered to such disposal or recycling facility or facilities (in compacted cubic yards and tons), the rate charged per cubic yard or ton, the total amount billed by the vehicle or facility, and the amount paid; (D) a compensation schedule for officers, directors, and owners; (E) a revenue analysis; (F) an analysis of interest paid and received; and (G) an amortization expense analysis.
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TWC-226911
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Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-06-16
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1775
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2024-01-04
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Waste that has been source-separated for recycling by the customer. (i) A licensee collecting materials that have been source-separated by the customer may not commingle in the same vehicle compartment any of the following: (1) designated recyclable paper, (2) designated recyclable metal, glass, and plastic, (3) yard waste, (4) textiles, (5) construction and demolition debris, (6) organic waste, (7) any other materials that have special collection requirements pursuant to applicable local, state or federal law, or (8) other solid waste. Each of these terms is defined in 16 RCNY ? 1-01. (ii) Designated recyclable metal, glass and plastic may be commingled together, but may not be commingled in the same vehicle compartment with designated recyclable paper unless such materials are collected pursuant to single stream collection and recycling as allowed by paragraph (2) of subdivision (c) of this section.
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TWC-226390
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Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-04-11
|
375
|
2024-01-04
|
Vehicles and containers shall be thoroughly cleaned inside and outside frequently so that they shall present a good appearance and be maintained free of dirt and offensive odors at all times.
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TWC-226389
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Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-04-11
|
400
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2024-01-04
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A licensee must maintain copies of all inspection and certification of repair forms required by 17 RCNY ? 5-10(e) for at least five (5) years, and copies of such forms (paper or electronic) must be available in the corresponding vehicles at all times for six (6) months.
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TWC-225899
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Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-02-27
|
625
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2024-04-07
|
An applicant for a license or a licensee must notify the Commission within ten (10) business days of any material change as defined in 17 RCNY ? 1-01 in the information submitted in an application or disclosure form submitted, pursuant to this chapter.
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TWC-224795
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2022-08-30
|
250
|
2023-02-01
|
Nothing may be placed or suspended in or on the vehicle or windshield so as to obstruct the operator's vision through the windshield or other windows. Nothing in this subdivision shall be construed to prohibit the placement or suspension of an object in or on the vehicle or windshield in order to comply with or as expressly permitted by federal, state or local law.
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TWC-224796
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2022-08-30
|
500
|
2023-02-01
|
A licensee must maintain copies of all daily inspection reports required by 17 RCNY ? 5-10(f) for at least five (5) years, and copies of such reports (paper or electronic) must be available in the corresponding vehicles at all times for fourteen (14) days.
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TWC-224797
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2022-08-30
|
500
|
2023-02-01
|
Failed to timely disclose to Commission employee information
|
|
TWC-224942
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2022-07-21
|
250
|
2023-02-01
|
Failed to provide off-street parking for vehicles used to transport waste
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