§ 924 — Violations, penalties, procedures

§ 924. Violations, penalties, procedures. 1. Any professional employer\norganization or person purporting to be a professional employer\norganization who has failed to comply with the registration requirements\nof section nine hundred eighteen of this article shall be deemed to have\nviolated this article.\n 2. Any professional employer organization or person purporting to be a\nprofessional employer organization who has failed to comply within the\ntime specified by law with an order issued by the commissioner to comply\nwith the registration requirements of section nine hundred eighteen of\nthis article shall be deemed to have violated this article.\n 3. Any client who enters into a professional employer agreement with a\nprofessional employer organization or person purporting to be a\nprofessional employer organization, who is required to register, but\nwhom the client knows or should have known has failed to register,\nfailed to renew its registration or had its registration revoked by the\ncommissioner shall be deemed to have violated this article.\n 4. (a) The commissioner may impose a civil penalty upon a professional\nemployer organization, a person purporting to be a professional employer\norganization, and all persons or entities that own a five percent or\ngreater interest in the professional employer organization, that have\nbeen deemed to have violated this article, for no more than three\nthousand dollars for the initial violation, and for no more than five\nthousand dollars for a second or subsequent violation.\n (b) The commissioner may impose a civil penalty upon any client\ndescribed in subdivision three of this section that has been deemed to\nhave violated this article, for no more than one thousand dollars for\nthe initial violation, and for no more than five thousand dollars for a\nsecond or subsequent violation.\n (c) The order imposing such civil penalty may be served personally or\nby certified mail at the last known mailing address of the person being\nserved. Such order shall be in writing and shall describe the nature of\nthe violation, including reference to the provisions of subdivisions\none, two and three of this section alleged to have been violated.\n 5. An order issued under this section shall be final and not subject\nto review by any court or agency unless review is had pursuant to\nsection one hundred one of this chapter. Provided that no proceeding for\nadministrative or judicial review as provided in this chapter shall then\nbe pending and the time for initiation of such proceeding shall have\nexpired, the commissioner may file with the county clerk of the county\nwhere the person against whom the penalty has been imposed has a place\nof business the order of the commissioner or the decision of the\nindustrial board of appeals containing the amount of the civil penalty.\nThe filing of such order or decision shall have the full force and\neffect 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 6. If any professional employer organization or person purporting to\nbe a professional employer organization shall have failed to comply\nwithin twenty days of an order by the commissioner to register or renew\nregistration, the commissioner may seek to enjoin such unlawful\nactivity, pursuant to the civil practice law and rules.\n 7. The intentional failure of a professional employer organization or\nperson purporting to be a professional employer organization to comply\nwith the registration requirements of section nine hundred eighteen of\nthis article shall be a class B misdemeanor. The officers and agents of\na professional employer organization or person purporting to be a\nprofessional employer organization who knowingly permit such\norganization to violate the registration requirements of section nine\nhundred eighteen of this article shall be guilty of a class B\nmisdemeanor.\n