§ 909. Civil penalties and revocation. 1. a. The commissioner may\nimpose a civil penalty upon an asbestos contractor of up to two thousand\nfive hundred dollars for the initial violation of section nine hundred\ntwo of this article and up to four thousand dollars for the second or\nsubsequent violation of such section. Any substantially owned-affiliated\nentity of such asbestos contractor shall be held jointly and severally\nliable for the payment of such civil penalty. The commissioner may issue\nan order directing payment of such civil penalty by the asbestos\ncontractor and substantially owned-affiliated entity.\n b. If, after an investigation and a formal hearing, the commissioner\nfinds that an asbestos contractor has violated any provision of this\narticle, other than section nine hundred two or any rule or regulation\npromulgated hereunder, the commissioner shall, by an order which shall\ndescribe in detail the nature of the violation or violations, assess the\nasbestos contractor a civil penalty of not more than the greater of\ntwenty-five percent of the monetary value of the contract upon which the\nviolation was found to have occurred or five thousand dollars per\nviolation. Any asbestos contractor who, having previously been assessed\na civil penalty under this section, or whose substantially\nowned-affiliated entity having previously been assessed a civil penalty\nunder this section, violates any provision of this article or any rule\nor regulation promulgated hereunder, shall be subject to a civil penalty\nof not more than the greater of fifty percent of the monetary value of\nthe contract upon which the violation was found to have occurred or\ntwenty-five thousand dollars per violation. Each day a violation\ncontinues may be considered a separate violation under this section. In\nassessing the amount of penalty, the commissioner shall give due\nconsideration to the size of the asbestos contractor's business, the\ngood faith of the contractor, the gravity of the violation and the\nhistory of previous violations by the asbestos contractor and/or any\nsubstantially owned-affiliated entity of such asbestos contractor. Any\nsubstantially owned-affiliated entity of such asbestos contractor shall\nbe held jointly and severally liable for the payment of such civil\npenalty. The commissioner may issue an order directing payment of such\ncivil penalty by the asbestos contractor and any substantially\nowned-affiliated entity.\n 2. If, after an investigation and a formal hearing, the commissioner\nfinds that an asbestos contractor has violated any provision of this\narticle or any rule or regulation promulgated hereunder within three\nyears of the last assessment of a civil penalty against the asbestos\ncontractor or any substantially owned-affiliated entity of the asbestos\ncontractor under this article, or has been found to have committed\nserious violations of other state, federal or local laws with regard to\nthe conduct of the asbestos contractor or any substantially\nowned-affiliated entity of such asbestos contractor at or on any\nasbestos project or that such asbestos contractor or any substantially\nowned-affiliated entity of such asbestos contractor has otherwise\ndemonstrated a lack of responsibility in the conduct of any job\ninvolving asbestos or asbestos material of such seriousness as to\nwarrant the revocation of the asbestos contractor's license, or the\nlicense of any substantially owned-affiliated entity of such asbestos\ncontractor, the commissioner may, by an order which describes in detail\nthe nature of the violation or violations, revoke the asbestos\ncontractor's asbestos handling license or the asbestos handling license\nof any substantially owned-affiliated entity of such asbestos contractor\nand neither such asbestos contractor nor any substantially\nowned-affiliated entity of such asbestos contractor shall be eligible to\napply for a new asbestos handling license for a period of up to two\nyea
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