N.Y. Agriculture & Markets Law § 38-a: Costs and expenses relating to extraordinary sanitary reinspection services

§ 38-a. Costs and expenses relating to extraordinary sanitary

reinspection services. 1. (a) The total costs and expenses, in excess of

ordinary costs and expenses, incurred by the department in connection

with the administration and or enforcement of any provision of this

chapter or of any other law the administration and or enforcement of

which is within the jurisdiction of the department or any order, rule or

regulation relating to sanitary conditions and practices and the

protection of the public from the sale of adulterated food administered

and or enforced by the division of food inspection services shall be

charged to and paid by every establishment requiring extraordinary

sanitary reinspection services or other necessary action by the

department to correct deficiencies.

(b) "Ordinary costs and expenses" shall mean costs and expenses

incurred by the department, in the administration of the provisions of

law, orders, rules or regulations enumerated in paragraph (a) of this

subdivision, provided the establishments covered thereby have been

determined to be in compliance therewith without the need for

extraordinary sanitary reinspection services or any other necessary

action by the department to bring about compliance therewith.

(c) "Extraordinary sanitary reinspection services" shall mean those

services which occur subsequent to an inspection, a reinspection, an

educational session for an establishment relating to sanitation or the

opportunity to attend such educational session in the event of an

establishment's failure or refusal to attend, notice of a compliance

inspection and a determination at the compliance inspection that an

establishment is in violation of any law, order, rule or regulation

enumerated in paragraph (a) of this subdivision.

2. Costs and expenses that shall be assessed for extraordinary

sanitary reinspection services or other necessary action shall include

the cost of direct and indirect personal service including but not

limited to the cost of salaries and wages, monetary and non-monetary

fringe benefits, retirement contributions made and workmen's

compensation premiums paid by the state for or on behalf of personnel,

the cost of necessary traveling, meals and lodging, the cost of rentals

for space occupied in state-owned or state-leased buildings, the cost of

maintenance and operation and the cost of all other actual, direct and

indirect costs apportioned to the specific division, bureau or other

unit and program involved excluding, however, ordinary expenses.

3. Costs and expenses as specified in subdivision two of this section

shall be presented to the establishment requiring extraordinary sanitary

reinspection services or other necessary action in the form of a copy of

an itemized bill therefor as certified by the commissioner, deputy

commissioner, or duly authorized employee of the department. Upon

receipt of such bill, the establishment shall have the duty to pay and

shall pay forthwith such charges to the commissioner.

4. On written demand made within thirty days of the rendition of any

bill, the party so charged shall be afforded an opportunity to be heard

as to liability hereunder and the amount thereof. Any amounts of such

bills not paid within thirty days from the date of determination upon

such hearing, or, if none shall be demanded, on the date upon which such

payment is due, shall bear interest at a rate of interest prescribed by

section five thousand four of the civil practice law and rules.

5. A right of action for the recovery of such costs and expenses as

specified in subdivision two of this section may be released, settled or

compromised by the department either before or after an action is

brought to recover such expenses. The commissioner may in his

discretion for good cause shown waive the collection of such expenses or

any part thereof.

6. All moneys collected or recovered as costs and expenses as

specified in this section shall be the property of the state and paid

into the state treasury.

7. The commissioner may promulgate, after public hearing, rules and

regulations necessary to supplement and give full effect to this

section.