§ 344 — Powers

§ 344. Powers. Notwithstanding any other state or local law or\nregulation to the contrary, the special task force shall have the\nfollowing powers: 1. To inspect books, records and premises of\nmanufacturers and contractors, with respect to their respective\nproduction employees, to determine compliance with this chapter,\nincluding but not limited to, minimum wage, overtime compensation,\nunemployment insurance coverage, child labor and industrial homework\nand, if the special task force determines that a manufacturer or\ncontractor has violated any provision of this chapter with respect to\nits production employees, to assess and collect, on behalf of the\ncommissioner, an administrative penalty. If the violation is of a\nprovision of this chapter for which the assessment and collection of an\nadministrative penalty is not otherwise authorized, the special task\nforce may assess and collect a penalty of up to two hundred fifty\ndollars for a first violation and up to five hundred dollars for each\nsubsequent violation. No penalty shall be levied pursuant to this\nsubdivision unless the commissioner shall provide the violator with\nnotification of such violation and of the amount of such administrative\npenalty by certified mail and with an opportunity to request a hearing\nwithin fifteen days following the receipt of such notice. If a hearing\nis requested, the commissioner may issue a final order upon such hearing\nand a finding that a violation has occurred. If no hearing is requested,\nsuch notice shall become a final order upon the expiration of the\nfifteen-day period. Payment of such administrative penalty is due when a\nfinal order is issued or when the notice becomes a final order. Any\npenalty imposed pursuant to this subdivision may be recovered with costs\nupon an appeal to the appellate division of the supreme court pursuant\nto article seventy-eight of the civil practice law and rules and upon a\nfinal determination that the finding by the commissioner was in error.\nAny penalty paid pursuant to this subdivision shall be applied to\nenforcement and administrative costs of the special task force;\n 2. When in the course of inspections pursuant to subdivision one\nabove: (a) To inspect books and records of manufacturers and\ncontractors, with respect to their respective production employees,\nconcerning the deduction and remittance to the proper authorities of all\nfederal, state and local payroll taxes and to refer to the appropriate\nauthorities any instance in which there is reasonable cause to believe\nthat the payment of federal, state and local payroll taxes is being\nevaded; and\n (b) To inspect premises of manufacturers and contractors, with respect\nto their respective production employees, to determine compliance with\nconcerning state or local building codes, state or local fire codes,\nlaws or regulations and state or local health codes, laws or regulations\nand to refer to the appropriate authorities any instance in which there\nis reasonable cause to believe that a violation of such codes, laws or\nregulations exists; and to immediately evacuate and close any premises\ndeemed by a special task force investigator trained in accordance with\nsection three hundred forty-six of this article to recognize fire code\nviolations, to be a serious violation of the applicable fire code; and\nto refer such violation immediately to the appropriate local\nauthorities; and\n (c) To take action authorized by this article necessary to implement\nits provisions.\n