§ 38-A — Costs and expenses relating to extraordinary sanitary reinspection services

§ 38-a. Costs and expenses relating to extraordinary sanitary\nreinspection services. 1. (a) The total costs and expenses, in excess of\nordinary costs and expenses, incurred by the department in connection\nwith the administration and or enforcement of any provision of this\nchapter or of any other law the administration and or enforcement of\nwhich is within the jurisdiction of the department or any order, rule or\nregulation relating to sanitary conditions and practices and the\nprotection of the public from the sale of adulterated food administered\nand or enforced by the division of food inspection services shall be\ncharged to and paid by every establishment requiring extraordinary\nsanitary reinspection services or other necessary action by the\ndepartment to correct deficiencies.\n (b) "Ordinary costs and expenses" shall mean costs and expenses\nincurred by the department, in the administration of the provisions of\nlaw, orders, rules or regulations enumerated in paragraph (a) of this\nsubdivision, provided the establishments covered thereby have been\ndetermined to be in compliance therewith without the need for\nextraordinary sanitary reinspection services or any other necessary\naction by the department to bring about compliance therewith.\n (c) "Extraordinary sanitary reinspection services" shall mean those\nservices which occur subsequent to an inspection, a reinspection, an\neducational session for an establishment relating to sanitation or the\nopportunity to attend such educational session in the event of an\nestablishment's failure or refusal to attend, notice of a compliance\ninspection and a determination at the compliance inspection that an\nestablishment is in violation of any law, order, rule or regulation\nenumerated in paragraph (a) of this subdivision.\n 2. Costs and expenses that shall be assessed for extraordinary\nsanitary reinspection services or other necessary action shall include\nthe cost of direct and indirect personal service including but not\nlimited to the cost of salaries and wages, monetary and non-monetary\nfringe benefits, retirement contributions made and workmen's\ncompensation premiums paid by the state for or on behalf of personnel,\nthe cost of necessary traveling, meals and lodging, the cost of rentals\nfor space occupied in state-owned or state-leased buildings, the cost of\nmaintenance and operation and the cost of all other actual, direct and\nindirect costs apportioned to the specific division, bureau or other\nunit and program involved excluding, however, ordinary expenses.\n 3. Costs and expenses as specified in subdivision two of this section\nshall be presented to the establishment requiring extraordinary sanitary\nreinspection services or other necessary action in the form of a copy of\nan itemized bill therefor as certified by the commissioner, deputy\ncommissioner, or duly authorized employee of the department. Upon\nreceipt of such bill, the establishment shall have the duty to pay and\nshall pay forthwith such charges to the commissioner.\n 4. On written demand made within thirty days of the rendition of any\nbill, the party so charged shall be afforded an opportunity to be heard\nas to liability hereunder and the amount thereof. Any amounts of such\nbills not paid within thirty days from the date of determination upon\nsuch hearing, or, if none shall be demanded, on the date upon which such\npayment is due, shall bear interest at a rate of interest prescribed by\nsection five thousand four of the civil practice law and rules.\n 5. A right of action for the recovery of such costs and expenses as\nspecified in subdivision two of this section may be released, settled or\ncompromised by the department either before or after an action is\nbrought to recover such expenses. The commissioner may in his\ndiscretion for good cause shown waive the collection of such expenses or\nany part thereof.\n 6. All moneys collected or recovered as costs and expenses as\nspecified in this section shall be the property of the state and paid\ninto the state treasury.\n 7. The commissioner may promulgate, after public hearing, rules and\nregulations necessary to supplement and give full effect to this\nsection.\n