§ 220. Penalties. 1. Any employer who fails to make provision for\npayment of disability or family leave benefits as required by section\ntwo hundred eleven of this article within ten days following the date on\nwhich such employer becomes a covered employer as defined in section two\nhundred two of this article shall be guilty of a misdemeanor and upon\nconviction be punishable by a fine of not less than one hundred nor more\nthan five hundred dollars or imprisonment for not more than one year or\nboth, except that where any person has previously been convicted of a\nfailure to make provisions for payment of disability or family leave\nbenefits within the preceding five years, upon conviction for a second\nviolation such person shall be fined not less than two hundred fifty nor\nmore than one thousand two hundred fifty dollars in addition to any\nother penalties including fines otherwise provided by law, and upon\nconviction for a third or subsequent violation such person may be fined\nup to two thousand five hundred dollars in addition to any other\npenalties including fines otherwise provided by law. Where the employer\nis a corporation, the president, secretary, treasurer, or officers\nexercising corresponding functions, shall each be liable under this\nsection.\n 2. The chair or any officer of the board designated by him or her,\nupon finding that an employer has failed to make provision for the\npayment of disability or family leave benefits, shall impose upon such\nemployer a penalty not in excess of a sum equal to one-half of one per\ncentum of his or her weekly payroll for the period of such failure and a\nfurther sum not in excess of five hundred dollars, which sums shall be\npaid into the fund created under section two hundred fourteen of this\narticle.\n 3. If for the purpose of obtaining any benefit or payment under the\nprovisions of this article, or for the purpose of influencing any\ndetermination regarding any benefit payment, either for himself or\nherself or any other person, any person, employee, employer or carrier\nwilfully makes a false statement or representation or fails to disclose\na material fact, he or she shall be guilty of a misdemeanor.\n 4. Whenever a carrier shall fail to make prompt payment of disability\nor family leave benefits payable under this article and after hearing\nbefore an officer designated by the chair or a determination by the\nchair's designee, pursuant to section two hundred twenty-one of this\narticle, for that purpose, the chair or designee shall determine that\nfailure to make such prompt payment was without just cause, the chair or\ndesignee, pursuant to section two hundred twenty-one of this article,\nshall collect from the carrier a sum not in excess of twenty-five per\ncentum of the amount of the benefits as to which the carrier failed to\nmake payment, which sum shall be credited to the special fund for\ndisability benefits. In addition, the chair or designee, pursuant to\nsection two hundred twenty-one of this article, may collect and pay over\nto the employee the sum of ten dollars in respect to each week, or\nfraction thereof, for which benefits have not been promptly paid.\n * 5. In addition to other penalties herein provided, the chair or\ndesignee shall remove from the list of physicians authorized to render\nmedical care under the provisions of articles one to eight, inclusive,\nof this chapter and from the list of podiatrists authorized to render\npodiatric care under section thirteen-k of this chapter, and from the\nlist of chiropractors authorized to render chiropractic care under\nsection thirteen-l of this chapter the name of any physician or\npodiatrist or chiropractor whom the chair or designee, pursuant to\nsection two hundred twenty-one of this article, shall find, after\nreasonable investigation, has submitted to the employer or carrier or\nchair in connection with any claim for disability benefits under this\narticle, a statement of disability th
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