§ 141. Civil penalties.
1.If the commissioner finds that an employer\nhas violated any provision of this article or of a rule or regulation\npromulgated thereunder, the commissioner may by an order which shall\ndescribe particularly the nature of the violation, assess the employer a\ncivil penalty of not more than ten thousand dollars for the first such\nviolation, at least two thousand but not more than twenty-five thousand\ndollars for a second violation, and at least ten thousand but not more\nthan fifty-five thousand dollars for a third or subsequent violation.\nSuch penalty shall be paid to the commissioner for deposit in the\ntreasury of the state. In assessing the amount of the penalty, the\ncommissioner shall give due consideration to the size of the employer's\nbusiness, the go
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§ 141. Civil penalties. 1. If the commissioner finds that an employer\nhas violated any provision of this article or of a rule or regulation\npromulgated thereunder, the commissioner may by an order which shall\ndescribe particularly the nature of the violation, assess the employer a\ncivil penalty of not more than ten thousand dollars for the first such\nviolation, at least two thousand but not more than twenty-five thousand\ndollars for a second violation, and at least ten thousand but not more\nthan fifty-five thousand dollars for a third or subsequent violation.\nSuch penalty shall be paid to the commissioner for deposit in the\ntreasury of the state. In assessing the amount of the penalty, the\ncommissioner shall give due consideration to the size of the employer's\nbusiness, the good faith of the employer to believe that its conduct was\nin compliance with the law, the gravity of the violation, the history of\nprevious violations and the failure to comply with record-keeping or\nother requirements, provided, however, that where such violation\ninvolves illegal employment during which a minor is seriously injured or\ndies, such penalty shall be at least three thousand dollars but not more\nthan thirty thousand dollars for the first such violation, at least six\nthousand but not more than seventy-five thousand dollars for the second\nviolation, and at least thirty thousand dollars but not more than one\nhundred seventy-five thousand dollars for the third or subsequent\nviolation. For the purposes of this subdivision, a minor shall be deemed\nto be seriously injured if such injury results in a permanent partial or\npermanent total disability as determined by the workers' compensation\nboard.\n 2. Any order issued under subdivision one of this section shall be\ndeemed a final order of the commissioner and not subject to review by\nany court or agency unless the employer files a petition with the\nindustrial board of appeals for a review of the order, pursuant to\nsection one hundred one of this chapter.\n 3. Provided that no proceeding for administrative or judicial review\nas provided in this chapter shall then be pending and the time for\ninitiation of such proceeding shall have expired, the commissioner may\nfile with the county clerk of the county where the employer resides or\nhas a place of business the order of the commissioner or the decision of\nthe industrial board of appeals containing the amount of the civil\npenalty. The filing of such order or decision shall have the full force\nand effect of a judgment duly docketed in the office of such clerk. The\norder or decision may be enforced by and in the name of the commissioner\nin the same manner, and with like effect, as that prescribed by the\ncivil practice law and rules for the enforcement of a money judgment.\n 4. The civil penalty provided for in this section shall be in addition\nto and may be imposed concurrently with any other remedy or penalty\nprovided for in this chapter.\n