N.Y. Labor Law § 909: Civil penalties and revocation

§ 909. Civil penalties and revocation. 1. a. The commissioner may

impose a civil penalty upon an asbestos contractor of up to two thousand

five hundred dollars for the initial violation of section nine hundred

two of this article and up to four thousand dollars for the second or

subsequent violation of such section. Any substantially owned-affiliated

entity of such asbestos contractor shall be held jointly and severally

liable for the payment of such civil penalty. The commissioner may issue

an order directing payment of such civil penalty by the asbestos

contractor and substantially owned-affiliated entity.

b. If, after an investigation and a formal hearing, the commissioner

finds that an asbestos contractor has violated any provision of this

article, other than section nine hundred two or any rule or regulation

promulgated hereunder, the commissioner shall, by an order which shall

describe in detail the nature of the violation or violations, assess the

asbestos contractor a civil penalty of not more than the greater of

twenty-five percent of the monetary value of the contract upon which the

violation was found to have occurred or five thousand dollars per

violation. Any asbestos contractor who, having previously been assessed

a civil penalty under this section, or whose substantially

owned-affiliated entity having previously been assessed a civil penalty

under this section, violates any provision of this article or any rule

or regulation promulgated hereunder, shall be subject to a civil penalty

of not more than the greater of fifty percent of the monetary value of

the contract upon which the violation was found to have occurred or

twenty-five thousand dollars per violation. Each day a violation

continues may be considered a separate violation under this section. In

assessing the amount of penalty, the commissioner shall give due

consideration to the size of the asbestos contractor's business, the

good faith of the contractor, the gravity of the violation and the

history of previous violations by the asbestos contractor and/or any

substantially owned-affiliated entity of such asbestos contractor. Any

substantially owned-affiliated entity of such asbestos contractor shall

be held jointly and severally liable for the payment of such civil

penalty. The commissioner may issue an order directing payment of such

civil penalty by the asbestos contractor and any substantially

owned-affiliated entity.

2. If, after an investigation and a formal hearing, the commissioner

finds that an asbestos contractor has violated any provision of this

article or any rule or regulation promulgated hereunder within three

years of the last assessment of a civil penalty against the asbestos

contractor or any substantially owned-affiliated entity of the asbestos

contractor under this article, or has been found to have committed

serious violations of other state, federal or local laws with regard to

the conduct of the asbestos contractor or any substantially

owned-affiliated entity of such asbestos contractor at or on any

asbestos project or that such asbestos contractor or any substantially

owned-affiliated entity of such asbestos contractor has otherwise

demonstrated a lack of responsibility in the conduct of any job

involving asbestos or asbestos material of such seriousness as to

warrant the revocation of the asbestos contractor's license, or the

license of any substantially owned-affiliated entity of such asbestos

contractor, the commissioner may, by an order which describes in detail

the nature of the violation or violations, revoke the asbestos

contractor's asbestos handling license or the asbestos handling license

of any substantially owned-affiliated entity of such asbestos contractor

and neither such asbestos contractor nor any substantially

owned-affiliated entity of such asbestos contractor shall be eligible to

apply for a new asbestos handling license for a period of up to two

years.

3. If, after an investigation and a formal hearing, the commissioner

finds that a person who has been issued an asbestos handling certificate

has willfully violated any provision of this article, or any rule or

regulation promulgated hereunder, the commissioner may, by order which

describes in detail the nature of the violation or violations, suspend

or revoke the asbestos handling certificate of such person.

4. Any person or asbestos contractor who may be adversely affected by

an order issued under this section may challenge the validity or

applicability of such order by commencing a proceeding pursuant to

article seventy-eight of the civil practice law and rules. The

commissioner may file with the county clerk of the county where the

person, asbestos contractor, or substantially owned-affiliated entity of

such person or contractor resides or has a place of business, the order

containing the amount of civil penalty, unless a proceeding for judicial

review as provided in this article shall then be pending or the time for

initiation of such proceeding has not expired. The filing of such order

or decision shall have the full force and effect of a judgment duly

docketed in the office of such clerk. The order or decision may be

enforced by and in the name of the commissioner in the same manner, and

with like effect, as that prescribed by the civil practice law and rules

for the enforcement of a money judgment.

5. When any person or corporation, or any officer or shareholder who

owns or controls at least ten per centum of the outstanding stock of

such corporation, has been convicted of a felony offense for conduct

directly relating to obtaining or attempting to obtain, an asbestos

handling certificate or asbestos handling license or performing or

attempting to perform an asbestos contract such person or corporation

shall be ineligible to be issued an asbestos handling certificate or

asbestos handling license for a period of five years from the date of

conviction.

6. Nothing in this section shall be construed as affecting any

provision of any other law or regulation relating to the issuance of

asbestos handling certificates or asbestos handling licenses.