§ 909 — Civil penalties and revocation

§ 909. Civil penalties and revocation. 1. a. The commissioner may\nimpose a civil penalty upon an asbestos contractor of up to two thousand\nfive hundred dollars for the initial violation of section nine hundred\ntwo of this article and up to four thousand dollars for the second or\nsubsequent violation of such section. Any substantially owned-affiliated\nentity of such asbestos contractor shall be held jointly and severally\nliable for the payment of such civil penalty. The commissioner may issue\nan order directing payment of such civil penalty by the asbestos\ncontractor and substantially owned-affiliated entity.\n b. If, after an investigation and a formal hearing, the commissioner\nfinds that an asbestos contractor has violated any provision of this\narticle, other than section nine hundred two or any rule or regulation\npromulgated hereunder, the commissioner shall, by an order which shall\ndescribe in detail the nature of the violation or violations, assess the\nasbestos contractor a civil penalty of not more than the greater of\ntwenty-five percent of the monetary value of the contract upon which the\nviolation was found to have occurred or five thousand dollars per\nviolation. Any asbestos contractor who, having previously been assessed\na civil penalty under this section, or whose substantially\nowned-affiliated entity having previously been assessed a civil penalty\nunder this section, violates any provision of this article or any rule\nor regulation promulgated hereunder, shall be subject to a civil penalty\nof not more than the greater of fifty percent of the monetary value of\nthe contract upon which the violation was found to have occurred or\ntwenty-five thousand dollars per violation. Each day a violation\ncontinues may be considered a separate violation under this section. In\nassessing the amount of penalty, the commissioner shall give due\nconsideration to the size of the asbestos contractor's business, the\ngood faith of the contractor, the gravity of the violation and the\nhistory of previous violations by the asbestos contractor and/or any\nsubstantially owned-affiliated entity of such asbestos contractor. Any\nsubstantially owned-affiliated entity of such asbestos contractor shall\nbe held jointly and severally liable for the payment of such civil\npenalty. The commissioner may issue an order directing payment of such\ncivil penalty by the asbestos contractor and any substantially\nowned-affiliated entity.\n 2. If, after an investigation and a formal hearing, the commissioner\nfinds that an asbestos contractor has violated any provision of this\narticle or any rule or regulation promulgated hereunder within three\nyears of the last assessment of a civil penalty against the asbestos\ncontractor or any substantially owned-affiliated entity of the asbestos\ncontractor under this article, or has been found to have committed\nserious violations of other state, federal or local laws with regard to\nthe conduct of the asbestos contractor or any substantially\nowned-affiliated entity of such asbestos contractor at or on any\nasbestos project or that such asbestos contractor or any substantially\nowned-affiliated entity of such asbestos contractor has otherwise\ndemonstrated a lack of responsibility in the conduct of any job\ninvolving asbestos or asbestos material of such seriousness as to\nwarrant the revocation of the asbestos contractor's license, or the\nlicense of any substantially owned-affiliated entity of such asbestos\ncontractor, the commissioner may, by an order which describes in detail\nthe nature of the violation or violations, revoke the asbestos\ncontractor's asbestos handling license or the asbestos handling license\nof any substantially owned-affiliated entity of such asbestos contractor\nand neither such asbestos contractor nor any substantially\nowned-affiliated entity of such asbestos contractor shall be eligible to\napply for a new asbestos handling license for a period of up to two\nyears.\n 3. If, after an investigation and a formal hearing, the commissioner\nfinds that a person who has been issued an asbestos handling certificate\nhas willfully violated any provision of this article, or any rule or\nregulation promulgated hereunder, the commissioner may, by order which\ndescribes in detail the nature of the violation or violations, suspend\nor revoke the asbestos handling certificate of such person.\n 4. Any person or asbestos contractor who may be adversely affected by\nan order issued under this section may challenge the validity or\napplicability of such order by commencing a proceeding pursuant to\narticle seventy-eight of the civil practice law and rules. The\ncommissioner may file with the county clerk of the county where the\nperson, asbestos contractor, or substantially owned-affiliated entity of\nsuch person or contractor resides or has a place of business, the order\ncontaining the amount of civil penalty, unless a proceeding for judicial\nreview as provided in this article shall then be pending or the time for\ninitiation of such proceeding has not expired. The filing of such order\nor decision shall have the full force and effect of a judgment duly\ndocketed in the office of such clerk. The order or decision may be\nenforced by and in the name of the commissioner in the same manner, and\nwith like effect, as that prescribed by the civil practice law and rules\nfor the enforcement of a money judgment.\n 5. When any person or corporation, or any officer or shareholder who\nowns or controls at least ten per centum of the outstanding stock of\nsuch corporation, has been convicted of a felony offense for conduct\ndirectly relating to obtaining or attempting to obtain, an asbestos\nhandling certificate or asbestos handling license or performing or\nattempting to perform an asbestos contract such person or corporation\nshall be ineligible to be issued an asbestos handling certificate or\nasbestos handling license for a period of five years from the date of\nconviction.\n 6. Nothing in this section shall be construed as affecting any\nprovision of any other law or regulation relating to the issuance of\nasbestos handling certificates or asbestos handling licenses.\n