NY Lab L § 344 (2021)
2021 New York Laws LAB - Labor Article 12-A - Special Task Force for the Apparel Industry 344 - Powers.

§  344.  Powers.  Notwithstanding  any  other  state  or  local law or regulation to the contrary,  the  special  task  force  shall  have  the following   powers:  1.  To  inspect  books,  records  and  premises  of manufacturers  and  contractors,  with  respect  to   their   respective production   employees,  to  determine  compliance  with  this  chapter, including but not  limited  to,  minimum  wage,  overtime  compensation, unemployment  insurance  coverage,  child  labor and industrial homework and, if the  special  task  force  determines  that  a  manufacturer  or contractor  has  violated  any provision of this chapter with respect to its production employees, to  assess  and  collect,  on  behalf  of  the commissioner,  an  administrative  penalty.  If  the  violation  is of a provision of this chapter for which the assessment and collection of  an administrative  penalty  is  not  otherwise authorized, the special task force may assess and collect a  penalty  of  up  to  two  hundred  fifty dollars  for  a  first violation and up to five hundred dollars for each subsequent violation. No  penalty  shall  be  levied  pursuant  to  this subdivision  unless  the  commissioner  shall  provide the violator with notification of such violation and of the amount of such  administrative penalty  by  certified mail and with an opportunity to request a hearing within fifteen days following the receipt of such notice. If  a  hearing is requested, the commissioner may issue a final order upon such hearing and a finding that a violation has occurred. If no hearing is requested, such  notice  shall  become  a  final  order  upon the expiration of the fifteen-day period. Payment of such administrative penalty is due when a final order is issued or when the notice  becomes  a  final  order.  Any penalty imposed pursuant to this subdivision may be recovered with costs upon  an  appeal to the appellate division of the supreme court pursuant to article seventy-eight of the civil practice law and rules and upon  a final  determination  that the finding by the commissioner was in error. Any penalty paid pursuant  to  this  subdivision  shall  be  applied  to enforcement and administrative costs of the special task force;   2.  When  in  the  course  of  inspections pursuant to subdivision one above:  (a)  To  inspect  books  and  records  of  manufacturers   and contractors,  with  respect  to  their  respective production employees, concerning the deduction and remittance to the proper authorities of all federal, state and local payroll taxes and to refer to  the  appropriate authorities  any  instance in which there is reasonable cause to believe that the payment of federal, state and  local  payroll  taxes  is  being evaded; and  (b) To inspect premises of manufacturers and contractors, with respect to  their  respective production employees, to determine compliance with concerning state or local building codes, state  or  local  fire  codes, laws or regulations and state or local health codes, laws or regulations and  to refer to the appropriate authorities any instance in which there is reasonable cause to believe that a violation of such codes,  laws  or regulations  exists;  and to immediately evacuate and close any premises deemed by a special task force investigator trained in  accordance  with section  three  hundred forty-six of this article to recognize fire code violations, to be a serious violation of the applicable fire  code;  and to   refer   such   violation   immediately  to  the  appropriate  local authorities; and  (c) To take action authorized by this article necessary  to  implement its provisions.