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

§ 160-oo. Violations; penalties; appeals. 1. (a) If the secretary

believes a violation of this article by a fund member may have occurred,

the secretary shall notify the local licensing authority of such fact

and, upon notice to the fund member, a hearing shall be held by such

local licensing authority to determine whether such violation occurred.

In the absence of a local licensing authority, or if the local licensing

authority chooses not to hold such hearing, the hearing shall be held by

the secretary.

(b) If the fund believes that a central dispatch facility has failed

to pay the fund the assessments due pursuant to this article, or has

failed to pay the reimbursement due pursuant to paragraph (g) of

subdivision two of section one hundred sixty-gg of this article, it

shall make a referral to the a local licensing authority, or, in the

absence of a local licensing authority, to the department. Upon receipt

of such a referral, the local licensing authority or the department

shall be required to hold a hearing pursuant to paragraph (a) of this

subdivision.

2. Except as otherwise provided in this section, a fund member that is

found, after a hearing held pursuant to subdivision one of this section,

to have violated a provision of this article, or a rule promulgated by

the department pursuant to this article, shall be liable for a fine in

an amount not to exceed ten thousand dollars per violation.

Notwithstanding the foregoing, a fund member that fails to bill or that

collects and fails to submit to the fund the required surcharges shall

be subject, in addition to payment to the fund of the amount overdue

plus interest on such amount as herein provided, to a penalty, at the

discretion of the local licensing authority, if any, or, in the absence

of such authority, of the department, of (a) up to five thousand dollars

for each twenty days the payment is overdue, or (b) revocation of its

membership in the fund and of its certificate of registration, or (c)

both a monetary penalty and revocation of its membership in the fund and

of its certificate of registration. The rate of interest applicable

pursuant to this section shall be twelve percent per annum. Any monetary

penalty imposed pursuant to this subdivision shall be retained by the

department or the local licensing authority and be used to defray the

costs of administering this article. The responsible persons, of a

central dispatch facility that are found, after a hearing held pursuant

to subdivision one of this section, to be in default to the fund for

assessments owed pursuant to this article, shall be personally liable

for the amount of such assessments determined to be then due and

outstanding, including interest on such assessments awarded pursuant to

this subdivision, and for all monetary penalties imposed pursuant to

this subdivision.

"Responsible persons," for purposes of this subdivision, include: (i)

the directors of a central dispatch facility that is a corporation; (ii)

the managers of a central dispatch facility that is a limited liability

company or its members if management of the central dispatch facility is

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

central dispatch facility that is a partnership; (iv) 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 central dispatch facility; and (v) the

president, secretary and treasurer of a central dispatch facility,

regardless of its form of organization.

Failure of the central dispatch facility, or of its responsible

persons to pay any assessments or penalties awarded pursuant to this

subdivision 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

department or the local licensing authority, to deposit with the

secretary or the local licensing authority 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

secretary or the local licensing authority to file with the clerk of

Albany county a certified copy of the determination of the department or

local licensing authority, and thereupon judgment shall be entered in

the supreme court by the clerk of Albany county in conformity therewith

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.

3. Within twenty days after issuance by the department or local

licensing authority of a determination adverse to a central dispatch

facility following a hearing held pursuant to subdivision one of this

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

the supreme court, third department, by the aggrieved central dispatch

facility. The attorney general shall represent the department or the

local licensing authority thereon.