§ 348 — Powers of commissioner; surety bond; civil and criminal penalties

§ 348. Powers of commissioner; surety bond; civil and criminal\npenalties. 1. If an order has been issued by the commissioner pursuant\nto section two hundred eighteen or two hundred nineteen of this chapter\nwithin the previous five years to any person engaged as an employer in\nthe apparel industry directing compliance with any provision of article\nsix or nineteen of this chapter and such order has not been revoked or\nannulled on review and the time for review has expired, or if it shall\nappear to the commissioner that any person engaged as an employer or as\nan agent or officer of a corporate employer in the apparel industry has\nwithin the previous five years been convicted of a violation of any\nprovision of article six or nineteen of this chapter, or if it shall\nappear that any person engaged as an employer in the apparel industry\nhas within the previous five years failed to comply within the time\nspecified by law with an order issued by the commissioner to comply with\nthe registration requirements of this article, the commissioner may\ndemand that such employer deposit with him a surety bond either in a sum\nequal to his annual payroll, as determined by the commissioner or in the\ndiscretion of the commissioner, in the sum of fifty thousand dollars.\nSuch bond shall be payable to the commissioner and shall be conditioned\nthat the employer and the officers thereof will, for a period of five\nyears, maintain full compliance with this article and articles six and\nnineteen of this chapter, and shall be further conditioned upon the\npayment by the employer of all judgments which may be recovered against\nhim pursuant to the provisions of this chapter. If within ten days after\ndemand for such bond, which demand shall be either personally served or\nmade by certified mail directed to the residence or last known business\naddress of the employer, such employer shall fail to deposit the same,\nthe employer shall be thereafter liable for a civil penalty of one\nthousand dollars per day until the furnishing of the bond or cessation\nof business by the employer, which civil penalty shall be payable to the\ncommissioner. The commissioner may bring an action in any court of\nappropriate jurisdiction to compel the employer and the officers thereof\nto furnish such a bond and to recover all civil penalties accrued.\n 2. Every person engaged as an employer, or any officer or agent of any\ncorporation in the apparel industry who knowingly fails to comply with\nan order issued under subdivision one of this section shall be guilty of\na misdemeanor and upon conviction therefor shall be fined not less than\none hundred nor more than ten thousand dollars or imprisoned for not\nmore than one year or punished by both such a fine and imprisonment for\neach such offense.\n