N.Y. Executive Law § 160-hhh: Violations; penalties; appeals

§ 160-hhh. Violations; penalties; appeals. 1. Any person that

knowingly submits a materially false statement on the affirmation

provided for in section eighteen-c of the workers' compensation law

shall be guilty of a class A misdemeanor. Any person that commits a

second or subsequent offense under this subdivision shall be guilty of a

class E felony.

2. The workers' compensation board or local taxi and limousine

commission may, upon its own motion or the application of a local taxi

and limousine commission or the independent livery fund, and upon notice

to the independent livery base, conduct a hearing as to the validity of

any affirmation filed under section eighteen-c of the workers'

compensation law, or to determine whether there has been any other

violation of this article. Should the workers' compensation board or

local taxi and limousine commission determine that the certification

contains any materially false statements, the workers' compensation

board may:

(a) revoke the livery base's authorization as an independent livery

base for a period of up to five years;

(b) impose a civil penalty of up to ten thousand dollars; and/or

(c) refer the independent livery base to the local taxi and limousine

commission for such additional sanction as it may impose under its rules

and regulations.

3. Any independent livery base which has been found on two separate

occasions, under subdivision two of this section, to have made a

materially false statement in its certification shall be permanently

barred from acting as an independent livery base.

4. If an independent livery base fails to submit to the independent

livery driver benefit fund any required charge, the workers'

compensation board or local taxi and limousine commission may order that

it pay into the fund, upon application of the fund and following notice

to the independent livery base (a) the amount overdue plus interest on

such amount, and/or (b) a penalty of up to five hundred dollars for each

thirty days after notice is given that the payment is overdue. The

workers' compensation board or local taxi and limousine commission may

suspend or revoke such livery base's authorization to act as an

independent livery base for failure to make such payment. The rate of

interest applicable to this subdivision shall be twelve percent per

annum. Any monetary penalty imposed pursuant to this subdivision shall

be retained by the workers' compensation board and be used to defray the

costs of administering this article.

5. If the workers' compensation board or local taxi and limousine

commission determines that any independent livery base has made any

material misrepresentations, or temporarily altered the affiliation of

any livery, livery driver or livery registrant, for the purpose of

reducing its payments into the fund, the workers' compensation board or

local taxi and limousine commission may suspend the livery base's

membership in the fund for a period of up to two years, and may impose a

penalty of up to five thousand dollars.

6. If the workers' compensation board or local taxi and limousine

commission determines that any independent livery base has coerced any

livery driver into making false statements or refraining from reporting

any violations of this article, the workers' compensation board or local

taxi and limousine commission may suspend the livery base's membership

in the fund for a period of up to two years, and may impose a penalty of

up to five thousand dollars.

7. Except as otherwise provided in this section, a livery base that is

found to have violated a provision of this article or a rule promulgated

by the workers' compensation board or local taxi and limousine

commission pursuant to this article shall be liable for a fine in an

amount not to exceed five thousand dollars per violation.

8. If the fund has reason to believe a violation of this article by a

fund member may have occurred, the fund shall notify the workers'

compensation board. Upon receipt of such a referral, the workers'

compensation board shall hold a hearing to determine the validity of the

charge, or refer the matter to the local taxi and limousine commission

for such determination.

9. The responsible persons of an independent livery base shall be

personally liable for the amount of any monetary penalties awarded

pursuant to this subdivision. "Responsible persons," for purposes of

this subdivision, shall be: (a) the directors of a livery base that is a

corporation; (b) the managers of a livery base that is a limited

liability company or its members if management of a livery base is

vested in its members; (c) the general partner or partners of a livery

base that is a partnership; (d) all individuals who directly or

indirectly own, control or hold the power to vote ten percent or more of

the voting interests of any corporation, joint stock company,

partnership, association, trust, limited liability company or similar

entity that manages a livery base; and (e) the president, secretary and

treasurer of a livery base, regardless of its form of organization.

10. Failure of the independent livery base, or of its responsible

persons, to pay any charges or penalties awarded pursuant to this

section within twenty days of issuance of a valid order so to do, or in

the event an appeal has been taken from the determination of the

workers' compensation board, to deposit with the workers' compensation

board within twenty days of the issuance of the determination from which

the appeal is taken the total amount of the award as security for its

payment, shall entitle the workers' compensation board or local taxi and

limousine commission to file with the clerk of Albany county or the

county where the local taxi and limousine commission is located a

certified copy of the determination of the workers' compensation board

or the local taxi and limousine commission, and thereupon judgment shall

be entered in the supreme court by the clerk of the county where the

determination is filed immediately upon such filing. Such judgment shall

be entered in the same manner, have the same effect and be subject to

the same proceedings as though rendered in a suit duly heard and

determined by the supreme court, except that no appeal may be taken

therefrom.

11. Within twenty days after issuance by the workers' compensation

board of a determination adverse to a livery base pursuant to this

section, an appeal may be taken therefrom to the appellate division of

the supreme court, third department, by the aggrieved party.

12. If the membership of an independent livery base in the independent

livery fund is suspended for failure to pay assessments under this

article, the livery base may make application for reinstatement only

upon payment of such assessments and such penalties and interest as the

local taxi and limousine commission or workers' compensation board has

imposed, or upon the agreement by the base and fund to a schedule for

such payment.

13. Any sanction imposed under this section shall be after notice to

the independent livery base and an opportunity for a hearing.