§ 955 — Powers of the commissioner

§ 955. Powers of the commissioner. 1. The commissioner shall have the\nauthority to inspect, or cause to be inspected, ongoing or completed\nconveyance projects and to conduct an investigation thereof upon the\ncommissioner's own initiation or upon receipt of a complaint by any\nperson or entity. However, nothing in this subdivision shall permit the\ncommissioner to enter a private residence.\n 2. If, upon receipt of a complaint alleging a violation of this\narticle, the commissioner reasonably believes that such violation\nexists, he or she shall investigate as soon as practicable to determine\nif such violation exists. If the commissioner determines that no\nviolation or danger exists, the commissioner shall inform the\ncomplaining person or entity. If, upon investigation, the commissioner\ndetermines that the alleged violation exists, the commissioner may deem\nsuch violation to create a dangerous condition for purposes of section\ntwo hundred of this chapter only and may issue a notice thereunder\nprohibiting further work.\n 3. The commissioner may, after a notice and hearing, suspend or revoke\na license issued under this article based on any of the following\nviolations:\n (a) any false statement as to a material matter in the application;\n (b) fraud, or misrepresentation, in securing a license;\n (c) failure to notify the commissioner and the owner or lessee of a\nconveyance of any condition not in compliance with this article;\n (d) a violation of section nine hundred fifty-two of this article; or\n (e) a finding by the commissioner that a license holder has violated\nthis article or any rule or regulation promulgated thereunder twice\nwithin a period of three years, or that a license holder has violated a\nprovision of this article and such violation resulted in a serious\nthreat to the health or safety of an individual or individuals. The\ncommissioner may, in addition to ordering that such license be revoked,\nbar such license holder from being eligible to reapply for such license,\nor any other license under this article, for a period not to exceed two\nyears.\n 4. (a) Except as provided in paragraph (b) of this subdivision, if the\ncommissioner finds, after notice and hearing, that an individual has\nviolated any provision of this article, such commissioner may impose a\ncivil penalty not to exceed ten thousand dollars for each such\nviolation. In cases where a contractor employed or relied on unlicensed\nmechanics, the commissioner shall impose civil penalties on the\ncontractor or other party responsible for each person found to be\nworking without a license by such contractor or party. Upon a second or\nsubsequent violation within three years of the determination of a prior\nviolation, the commissioner may impose a civil penalty not to exceed\ntwenty thousand dollars per violation.\n (b) The penalty provided for in paragraph (a) of this subdivision may\nbe increased to an amount not to exceed five thousand dollars if the\nviolation resulted in a serious threat to the health or safety of an\nindividual or individuals provided, however, that such penalty may be\nincreased to an amount not to exceed twenty-five thousand dollars if the\nviolation resulted in the death of any individual or individuals.\n 5. The commissioner may bring an action in a court of competent\njurisdiction to enjoin any conduct that violates the provisions of this\narticle.\n 6. The board shall examine the various state and local requirements\nand industry standards and practices with respect to elevator\ninspections in this state and shall provide recommendations to the\ncommissioner for coordinating existing state, local, and private\ninspections to ensure that elevators are being inspected by licensed\ninspectors.\n 7. The commissioner may promulgate rules and regulations necessary to\ncarry out and effectuate the provisions of this article.\n