§ 345-B — Confiscation of goods

§ 345-b. Confiscation of goods. 1. The commissioner may, in addition\nto seeking civil, administrative or criminal penalties pursuant to this\narticle, order the special task force to confiscate any partially or\ncompletely assembled articles of apparel and any equipment used in the\nassembly of apparel from any manufacturer or contractor who is violating\nany provision of this article and who has previously been found liable\nfor a civil or administrative penalty for two or more separate\nviolations of the provisions of this article during the immediately\npreceding three-year period. Such order of confiscation shall require\nthat such articles of apparel and equipment shall be held in the\npremises at which such confiscation occurs and that such articles and\nequipment shall be secured by any means, including the use of a padlock,\nto render such articles and equipment inaccessible; provided, however,\nthat the commissioner shall not secure any dwelling unit or other space\nlawfully used for residential purposes.\n 2. Such order of confiscation shall be posted upon the secured\npremises and shall give notice that removal of secured property is\nprohibited by law. Removal of such posted order while it remains in\nforce shall be punishable by a fine of five hundred dollars. Any attempt\nto remove secured articles and equipment while such order remains in\nforce shall be punishable by a fine not to exceed one thousand dollars\nor by imprisonment not to exceed six months or both. The special task\nforce shall deliver the keys to the fee owner, lessor or lessee of such\npremises if such owner, lessor or lessee is not the manufacturer or\ncontractor who is in violation of the provisions of this article.\n 3. Such articles and equipment shall remain secured pursuant to\nsubdivision one of this section until such order of confiscation becomes\nfinal or until a final determination of any appeal pursuant to\nsubdivision four or five of this section of such order is rendered.\n 4. Within five days of confiscation pursuant to subdivision one of\nthis section, the commissioner shall provide the manufacturer or\ncontractor who is in violation of any provision of this article and\nwhose articles of apparel and equipment have been confiscated with\nnotification of such violation and confiscation by certified mail,\nreturn receipt requested, and with an opportunity to request from the\ncommissioner by certified mail, return receipt requested, a hearing\nwithin fifteen days following receipt of such notice. If a hearing is\nrequested, it shall be held within ten days following receipt of such\nrequest, and the commissioner may issue a final confiscation order upon\nsuch hearing and a finding that a violation has occurred. If a hearing\nis not requested, the commissioner shall issue a final confiscation\norder upon the expiration of such fifteen-day period. The manufacturer\nor contractor may appeal the final confiscation order to the appellate\ndivision of the supreme court within thirty days following the issuance\nof such final confiscation order.\n 5. Upon issuance of a final confiscation order or, if such order is\nappealed, upon a final resolution upholding such order, title to the\nconfiscated articles and equipment shall vest in the state, and such\nitems shall be sold at auction within sixty days from the vesting of\ntitle. Proceeds of the auction shall be applied to enforcement and\nadministrative costs of the special task force. Any remaining items\nshall be disposed of pursuant to regulations issued by the commissioner.\n