NY Lab L § 909 (2021)
2021 New York Laws LAB - Labor Article 30 - Asbestos or Products Containing Asbestos; Licensing 909 - Civil Penalties and Revocation.

§  909.  Civil  penalties  and  revocation. 1. a. The commissioner may   impose a civil penalty upon an asbestos contractor of up to two thousand   five hundred dollars for the initial violation of section  nine  hundred   two  of  this  article and up to four thousand dollars for the second or   subsequent violation of such section. Any substantially owned-affiliated   entity of such asbestos contractor shall be held jointly  and  severally   liable for the payment of such civil penalty. The commissioner may issue   an  order  directing  payment  of  such  civil  penalty  by the asbestos   contractor and substantially owned-affiliated entity.b. If, after an investigation and a formal hearing,  the  commissioner   finds  that  an  asbestos  contractor has violated any provision of this   article, other than section nine hundred two or any rule  or  regulation   promulgated  hereunder,  the commissioner shall, by an order which shall   describe in detail the nature of the violation or violations, assess the   asbestos contractor a civil penalty of not  more  than  the  greater  of   twenty-five percent of the monetary value of the contract upon which the   violation  was  found  to  have  occurred  or  five thousand dollars per   violation. Any asbestos contractor who, having previously been  assessed   a   civil   penalty   under   this   section,   or  whose  substantially   owned-affiliated entity having previously been assessed a civil  penalty   under  this  section, violates any provision of this article or any rule   or regulation promulgated hereunder, shall be subject to a civil penalty   of not more than the greater of fifty percent of the monetary  value  of   the  contract  upon  which  the  violation was found to have occurred or   twenty-five  thousand  dollars  per  violation.  Each  day  a  violation   continues  may be considered a separate violation under this section. In   assessing the  amount  of  penalty,  the  commissioner  shall  give  due   consideration  to  the  size  of the asbestos contractor's business, the   good faith of the contractor, the  gravity  of  the  violation  and  the   history  of  previous  violations  by the asbestos contractor and/or any   substantially owned-affiliated entity of such asbestos  contractor.  Any   substantially  owned-affiliated entity of such asbestos contractor shall   be held jointly and severally liable  for  the  payment  of  such  civil   penalty.  The  commissioner may issue an order directing payment of such   civil  penalty  by  the  asbestos  contractor  and   any   substantially   owned-affiliated entity.2.  If,  after an investigation and a formal hearing, the commissioner   finds that an asbestos contractor has violated  any  provision  of  this   article  or  any  rule  or regulation promulgated hereunder within three   years of the last assessment of a civil  penalty  against  the  asbestos   contractor  or any substantially owned-affiliated entity of the asbestos   contractor under this article, or  has  been  found  to  have  committed   serious  violations of other state, federal or local laws with regard to   the  conduct  of  the   asbestos   contractor   or   any   substantially   owned-affiliated  entity  of  such  asbestos  contractor  at  or  on any   asbestos project or that such asbestos contractor or  any  substantially   owned-affiliated  entity  of  such  asbestos  contractor  has  otherwise   demonstrated a  lack  of  responsibility  in  the  conduct  of  any  job   involving  asbestos  or  asbestos  material  of  such  seriousness as to   warrant the revocation of the  asbestos  contractor's  license,  or  the   license  of  any  substantially owned-affiliated entity of such asbestos   contractor, the commissioner may, by an order which describes in  detail   the   nature  of  the  violation  or  violations,  revoke  the  asbestos   contractor's asbestos handling license or the asbestos handling  license   of any substantially owned-affiliated entity of such asbestos contractor   and   neither   such   asbestos   contractor   nor   any   substantially   owned-affiliated entity of such asbestos contractor shall be eligible to    apply for a new asbestos handling license for a  period  of  up  to  two   years.3.  If,  after an investigation and a formal hearing, the commissioner   finds that a person who has been issued an asbestos handling certificate   has willfully violated any provision of this article,  or  any  rule  or   regulation  promulgated  hereunder, the commissioner may, by order which   describes in detail the nature of the violation or  violations,  suspend   or revoke the asbestos handling certificate of such person.4.  Any person or asbestos contractor who may be adversely affected by   an order issued  under  this  section  may  challenge  the  validity  or   applicability  of  such  order  by  commencing  a proceeding pursuant to   article  seventy-eight  of  the  civil  practice  law  and  rules.   The   commissioner  may  file  with  the  county clerk of the county where the   person, asbestos contractor, or substantially owned-affiliated entity of   such person or contractor resides or has a place of business, the  order   containing the amount of civil penalty, unless a proceeding for judicial   review as provided in this article shall then be pending or the time for   initiation  of such proceeding has not expired. The filing of such order   or decision shall have the full force and  effect  of  a  judgment  duly   docketed  in  the  office  of  such  clerk. The order or decision may be   enforced by and in the name of the commissioner in the same manner,  and   with like effect, as that prescribed by the civil practice law and rules   for the enforcement of a money judgment.5.  When  any person or corporation, or any officer or shareholder who   owns or controls at least ten per centum of  the  outstanding  stock  of   such  corporation,  has  been  convicted of a felony offense for conduct   directly relating to obtaining or  attempting  to  obtain,  an  asbestos   handling  certificate  or  asbestos  handling  license  or performing or   attempting to perform an asbestos contract such  person  or  corporation   shall  be  ineligible  to  be issued an asbestos handling certificate or   asbestos handling license for a period of five years from  the  date  of   conviction.6.  Nothing  in  this  section  shall  be  construed  as affecting any   provision of any other law or regulation relating  to  the  issuance  of   asbestos handling certificates or asbestos handling licenses.