§ 361-B — Civil penalties

§ 361-b. Civil penalties. 1. If after investigation the commissioner\nfinds that an employer has violated any provision of this article, the\ncommissioner, shall by an order which shall describe particularly the\nnature of the alleged violation, assess the employer a civil penalty of\nnot more than three thousand dollars for each violation. In assessing\nthe amount of the penalty, the commissioner shall give due consideration\nto the size of the employer's business, the good faith of the employer,\nthe gravity of the violation, the history of previous violations and the\nfailure to comply with record keeping or other requirements.\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 within thirty days following service of the\norder the employer files a petition with the industrial board of appeals\nfor a review of the order, pursuant to section one hundred one of this\nchapter.\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\nof the 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