§ 141. Civil penalties.
- If the commissioner finds that an employer
has violated any provision of this article or of a rule or regulation
promulgated thereunder, the commissioner may by an order which shall
describe particularly the nature of the violation, assess the employer a
civil penalty of not more than one thousand dollars for the first such
violation, not more than two thousand dollars for a second violation and
not more than three thousand dollars for a third or subsequent
violation. Such penalty shall be paid to the commissioner for deposit in
the treasury of the state. In assessing the amount of the penalty, the
commissioner shall give due consideration to the size of the employer's
business, the good faith of the employer, the gravity of the violation,
the history of previous violations and the failure to comply with
record-keeping or other requirements, provided, however, that where such
violation involves illegal employment during which a minor is seriously
injured or dies, such penalty shall be treble the maximum penalty
allowable under the law for such violation. For the purposes of this
subdivision, a minor shall be deemed to be seriously injured if such
injury results in a permanent partial or permanent total disability as
determined by the workers' compensation board.
- Any order issued under subdivision one of this section shall be
deemed a final order of the commissioner and not subject to review by
any court or agency unless the employer files a petition with the
industrial board of appeals for a review of the order, pursuant to
section one hundred one of this chapter.
- Provided that no proceeding for administrative or judicial review
as provided in this chapter shall then be pending and the time for
initiation of such proceeding shall have expired, the commissioner may
file with the county clerk of the county where the employer resides or
has a place of business the order of the commissioner or the decision of
the industrial board of appeals containing the amount of the civil
penalty. 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.
- The civil penalty provided for in this section shall be in addition
to and may be imposed concurrently with any other remedy or penalty
provided for in this chapter.
June 25, 2009