N.Y. Labor Law § 344: Powers

§ 344. Powers. Notwithstanding any other state or local law or

regulation to the contrary, the special task force shall have the

following powers: 1. To inspect books, records and premises of

manufacturers and contractors, with respect to their respective

production employees, to determine compliance with this chapter,

including but not limited to, minimum wage, overtime compensation,

unemployment insurance coverage, child labor and industrial homework

and, if the special task force determines that a manufacturer or

contractor has violated any provision of this chapter with respect to

its production employees, to assess and collect, on behalf of the

commissioner, an administrative penalty. If the violation is of a

provision of this chapter for which the assessment and collection of an

administrative penalty is not otherwise authorized, the special task

force may assess and collect a penalty of up to two hundred fifty

dollars for a first violation and up to five hundred dollars for each

subsequent violation. No penalty shall be levied pursuant to this

subdivision unless the commissioner shall provide the violator with

notification of such violation and of the amount of such administrative

penalty by certified mail and with an opportunity to request a hearing

within fifteen days following the receipt of such notice. If a hearing

is requested, the commissioner may issue a final order upon such hearing

and a finding that a violation has occurred. If no hearing is requested,

such notice shall become a final order upon the expiration of the

fifteen-day period. Payment of such administrative penalty is due when a

final order is issued or when the notice becomes a final order. Any

penalty imposed pursuant to this subdivision may be recovered with costs

upon an appeal to the appellate division of the supreme court pursuant

to article seventy-eight of the civil practice law and rules and upon a

final determination that the finding by the commissioner was in error.

Any penalty paid pursuant to this subdivision shall be applied to

enforcement and administrative costs of the special task force;

2. When in the course of inspections pursuant to subdivision one

above: (a) To inspect books and records of manufacturers and

contractors, with respect to their respective production employees,

concerning the deduction and remittance to the proper authorities of all

federal, state and local payroll taxes and to refer to the appropriate

authorities any instance in which there is reasonable cause to believe

that the payment of federal, state and local payroll taxes is being

evaded; and

(b) To inspect premises of manufacturers and contractors, with respect

to their respective production employees, to determine compliance with

concerning state or local building codes, state or local fire codes,

laws or regulations and state or local health codes, laws or regulations

and to refer to the appropriate authorities any instance in which there

is reasonable cause to believe that a violation of such codes, laws or

regulations exists; and to immediately evacuate and close any premises

deemed by a special task force investigator trained in accordance with

section three hundred forty-six of this article to recognize fire code

violations, to be a serious violation of the applicable fire code; and

to refer such violation immediately to the appropriate local

authorities; and

(c) To take action authorized by this article necessary to implement

its provisions.