§ 345. Violations, penalties, procedures. 1. Any manufacturer or\ncontractor in the apparel industry who has failed to comply with the\nregistration requirements of section three hundred forty-one of this\narticle shall be deemed to have violated this article.\n 2. Any manufacturer or contractor in the apparel industry who has\nfailed to comply within the time specified by law with an order issued\nby the commissioner to comply with the registration requirements of\nsection three hundred forty-one of this article shall be deemed to have\nviolated this article.\n 3. Any manufacturer or contractor in the apparel industry who\ncontracts for the performance of any apparel industry service, as\ndefined in section three hundred forty of this article, with any other\nmanufacturer or contractor who is required to register, but whom the\nmanufacturer or contractor knows has failed to register, failed to renew\nits registration or has had its registration revoked by the commissioner\nshall be deemed to have violated this article.\n 4. (a) The commissioner may impose a civil penalty upon a manufacturer\nor contractor of up to one thousand five hundred dollars for the initial\nviolation of subdivision one, two or three of this section and up to\nthree thousand dollars for the second or subsequent violation of\nsubdivision one, two or three of this section. Instead of, or in\naddition to, such civil penalty, the commissioner may assess and collect\nan administrative penalty of not more than two hundred fifty dollars for\nthe first violation and of not more than five hundred dollars for each\nsubsequent violation. No administrative penalty shall be levied pursuant\nto this paragraph unless the commissioner provides the violator with\nnotification of the violation and of the penalty by certified mail and\nwith an opportunity to request a hearing within fifteen days following\nreceipt of such notice. If a hearing is requested, the commissioner may\nissue a final order upon such hearing and a finding that a violation has\noccurred. If no hearing is requested, such notice shall become a final\norder upon the expiration of such fifteen-day period. Payment of such\nadministrative penalty is due when a final order is issued or when the\nnotice becomes a final order. Any administrative penalty imposed\npursuant to this paragraph may be recovered with costs upon an appeal to\nthe appellate division of the supreme court pursuant to article\nseventy-eight of the civil practice law and rules and upon a final\ndetermination that the finding of the commissioner was in error. Any\ncivil or administrative penalty paid pursuant to this subdivision shall\nbe applied to enforcement and administrative costs of the special task\nforce. In assessing the amount of the penalty, the commissioner shall\ngive due consideration to the size of the manufacturer's or contractor's\nbusiness, its good faith, the gravity of the violation, the history of\nprevious violations of this article and the manufacturer's or\ncontractor's compliance with the recordkeeping or other provisions of\nthis chapter.\n (b) The order imposing such civil penalty may be served personally or\nby certified mail. Such order shall be in writing and shall describe the\nnature of the violation, including reference to the provisions of\nsubdivision one, two or three of this section alleged to have been\nviolated.\n 5. (a) An order issued under this section shall be final and not\nsubject to review by any court or agency unless review is had pursuant\nto section one hundred one of this chapter.\n (b) Provided that no proceeding for administrative or judicial review\nas provided in this chapter shall then be pending and the time for\ninitiation of such proceeding shall have expired, the commissioner may\nfile with the county clerk of the county where the employer resides or\nhas a place of business the order of the commissioner or the decision of\nthe industrial board of appeals containing the amo
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.