NY Exec L § 160-OO (2021)
2021 New York Laws EXC - Executive Article 6-F - New York Black Car Operators' Injury Compensation Fund, Inc. 160-OO - Violations; Penalities; Appeals.

§  160-oo.  Violations;  penalties; appeals.   1. (a) If the secretary believes a violation of this article by a fund member may have occurred, the secretary shall notify the local licensing authority  of  such  fact and,  upon  notice  to  the fund member, a hearing shall be held by such local licensing authority to determine whether such violation  occurred. In the absence of a local licensing authority, or if the local licensing authority chooses not to hold such hearing, the hearing shall be held by the secretary.  (b)  If  the fund believes that a central dispatch facility has failed to pay the fund the assessments due pursuant to  this  article,  or  has failed  to  pay  the  reimbursement  due  pursuant  to  paragraph (g) of subdivision two of section one hundred  sixty-gg  of  this  article,  it shall  make  a  referral  to the a local licensing authority, or, in the absence of a local licensing authority, to the department. Upon  receipt of  such  a  referral,  the  local licensing authority or the department shall be required to hold a hearing pursuant to paragraph  (a)  of  this subdivision.   2. Except as otherwise provided in this section, a fund member that is found, after a hearing held pursuant to subdivision one of this section, to  have  violated a provision of this article, or a rule promulgated by the department pursuant to this article, shall be liable for a  fine  in an   amount   not   to   exceed  ten  thousand  dollars  per  violation. Notwithstanding the foregoing, a fund member that fails to bill or  that collects  and  fails to submit to the fund the required surcharges shall be subject, in addition to payment to the fund  of  the  amount  overdue plus  interest  on  such amount as herein provided, to a penalty, at the discretion of the local licensing authority, if any, or, in the  absence of such authority, of the department, of (a) up to five thousand dollars for  each  twenty  days the payment is overdue, or (b) revocation of its membership in the fund and of its certificate of  registration,  or  (c) both a monetary penalty and revocation of its membership in the fund and of  its  certificate  of  registration.  The rate of interest applicable pursuant to this section shall be twelve percent per annum. Any monetary penalty imposed pursuant to this subdivision shall be  retained  by  the department  or  the  local licensing authority and be used to defray the costs of administering this  article.  The  responsible  persons,  of  a central  dispatch facility that are found, after a hearing held pursuant to subdivision one of this section, to be in default  to  the  fund  for assessments  owed  pursuant  to this article, shall be personally liable for the amount of  such  assessments  determined  to  be  then  due  and outstanding,  including interest on such assessments awarded pursuant to this subdivision, and for all monetary  penalties  imposed  pursuant  to this subdivision.   "Responsible  persons," for purposes of this subdivision, include: (i) the directors of a central dispatch facility that is a corporation; (ii) the managers of a central dispatch facility that is a limited  liability company or its members if management of the central dispatch facility is vested  in  its  members;  (iii)  the  general  partner or partners of a central dispatch facility that is a partnership;  (iv)  all  individuals who  directly  or  indirectly own, control or hold the power to vote ten percent or more of the voting interests of any corporation, joint  stock company,  partnership,  association, trust, limited liability company or similar entity that manages a central dispatch  facility;  and  (v)  the president,  secretary  and  treasurer  of  a  central dispatch facility, regardless of its form of organization.   Failure of the  central  dispatch  facility,  or  of  its  responsible persons  to  pay  any  assessments or penalties awarded pursuant to this subdivision within twenty days of issuance of a valid order so to do, or  in the event an appeal has been taken  from  the  determination  of  the department  or  the  local  licensing  authority,  to  deposit  with the secretary or the local licensing authority within  twenty  days  of  the issuance  of  the determination from which the appeal is taken the total amount of the award as security  for  its  payment,  shall  entitle  the secretary  or  the  local  licensing authority to file with the clerk of Albany county a certified copy of the determination of the department or local licensing authority, and thereupon judgment shall  be  entered  in the  supreme court by the clerk of Albany county in conformity therewith immediately upon such filing. Such judgment shall be entered in the same manner, have the same effect and be subject to the same  proceedings  as though  rendered  in  a  suit  duly  heard and determined by the supreme court, except that no appeal may be taken therefrom.   3. Within twenty days  after  issuance  by  the  department  or  local licensing  authority  of  a  determination adverse to a central dispatch facility following a hearing held pursuant to subdivision  one  of  this section,  an  appeal may be taken therefrom to the appellate division of the supreme court, third department, by the aggrieved  central  dispatch facility.  The  attorney  general  shall represent the department or the local licensing authority thereon.