N.Y. General Business Law § 189: Enforcement of provisions of this article

§ 189. Enforcement of provisions of this article. 1. This article,

article nineteen-B of the labor law and sections 37.01, 37.03 and 37.05

of the arts and cultural affairs law shall be enforced by the

commissioner of labor, except that in the city of New York this article

and such sections shall be enforced by the commissioner of consumer

affairs of such city. In addition to the powers of the commissioner, the

attorney general may enforce the provisions of this article to the

extent permitted under section sixty-three of the executive law.

2. To effectuate the purposes of this article, article nineteen-B of

the labor law and sections 37.01, 37.03 and 37.05 of the arts and

cultural affairs law, the commissioner or any duly authorized agent or

inspector designated by such commissioner, shall have authority to

inspect the premises, registers, contract forms, completed contracts,

statements of terms and conditions, receipt books, application forms,

referral forms, reference forms, reference reports and financial records

of fees charged and refunds made of each employment agency, and any

other record that the employment agency is required to maintain pursuant

to this article, which are essential to the operation of such agency,

and of each applicant for an employment agency license, as frequently as

necessary to ensure compliance with this article and such sections. In

no event shall any employment agency be inspected less frequently than

once every eighteen months. Inspections may consist of in-person visits

to employment agencies or the review of records as described in this

subdivision or both. The commissioner shall also have authority to

subpoena records and witnesses or otherwise to conduct investigations of

any employer or other person where he or she has reasonable grounds for

believing that such employer or person is violating or has conspired or

is conspiring with an employment agency to violate this article or such

sections.

3. To effectuate the purposes of this article, the commissioner may

make reasonable administrative rules within the standards set in this

article. Before such rules shall be issued, the commissioner shall

conduct a public hearing, giving due notice thereof to all interested

parties. No rule shall become effective until fifteen days after it has

been filed in the office of the department of state, if it is a rule of

the industrial commissioner, or in the office of the clerk of the city

of New York, if it is a rule of the commissioner of licenses of such

city, and copies thereof shall be furnished to all employment agencies

affected at least fifteen days prior to the effective date of such rule.

4. Complaints against any such licensed or unlicensed person may be

made orally or in writing to the commissioner, or be sent in an

affidavit form without appearing in person, and may be made by

recognized employment agencies, trade associations, or others. The

commissioner may hold a hearing on a complaint with the powers provided

by section one hundred seventy-four of this article. If a hearing is

held, reasonable notice thereof, not less than five days, shall be given

in writing to said person by serving upon the person either personally,

by mail, or by leaving the same with the person in charge of his office,

a concise statement of the facts constituting the complaint, and the

hearing shall commence before the commissioner with reasonable speed but

in no event later than two weeks from the date of the filing of the

complaint. The commissioner when investigating any matters pertaining to

the granting, issuing, transferring, renewing, revoking, suspending or

cancelling of any license is authorized in his discretion to take such

testimony as may be necessary on which to base official action. When

taking such testimony he may subpoena witnesses and also direct the

production before him of necessary and material books and papers. A

daily calendar of all hearings shall be kept by the commissioner and

shall be posted in a conspicuous place in his public office for at least

one day before the date of such hearings. The commissioner shall render

his decision within thirty days from the time the matter is finally

submitted to him. The commissioner shall keep a record of all such

complaints and hearings. The office of new Americans shall, pursuant to

section ninety-four-b of the executive law, receive complaints and where

appropriate refer such complaints to the attorney general or other

federal, state or local agency authorized by law to take action on such

complaint.

5. Upon a finding that the licensed person or his agent, employee or

anyone acting on his behalf is guilty of violating any provision of this

article or is not a person of good character and responsibility, the

commissioner may suspend or revoke the license of such licensed person.

Any employment agency found to have violated any provision of this

article shall be subject, for the first offense, to a civil penalty not

to exceed one thousand dollars per violation, and, for each subsequent

offense within six years of such previous offense, to a civil penalty,

not to exceed five thousand dollars per violation. Upon notice of

violation of this article or when it is determined that there has been a

violation of this article by an employment agency, the commissioner may

provide the employment agency with a specific time period for such

employment agency to cure or correct such violation or take other

ameliorative action as directed by the commissioner, the successful

completion of which shall prevent the imposition of penalties on the

employment agency for such violation. Whenever such commissioner shall

suspend or revoke the license of any employment agency, or shall levy a

fine against any agency, said determination shall be subject to judicial

review in proceedings brought pursuant to article seventy-eight of the

civil practice law and rules. Whenever an employment agency's license is

revoked, another license or agency manager permit shall not be issued

within three years from the date of such revocation to said licensed

person or his agency manager or to any person with whom the licensee has

been associated in the business of furnishing employment or engagements.

Deputy commissioners, or other officials designated to act on behalf of

the commissioner, may conduct hearings and act upon applications for

licenses, and revoke or suspend such licenses, or levy fines against an

employment agency.

6. If any provisions of this article or the application thereof to any

person or circumstances is held unconstitutional, the remainder of the

article and the application of that provision to other persons and

circumstances shall not be affected thereby.