NY Lab L § 955 (2021)
2021 New York Laws LAB - Labor Article 33 - Elevators and Other Conveyances; Licensing 955 - Powers of the Commissioner.

* §  955.  Powers  of the commissioner. 1. The commissioner shall have the authority to inspect, or cause to be inspected, ongoing or completed conveyances projects and to conduct an investigation  thereof  upon  the commissioner's  own  initiation  or  upon  receipt of a complaint by any person or entity. However, nothing in this subdivision shall permit  the commissioner to enter a private residence.   2.  If,  upon  receipt  of  a  complaint  alleging a violation of this article,  the  commissioner  reasonably  believes  that  such  violation exists,  he or she shall investigate as soon as practicable to determine if such  violation  exists.  If  the  commissioner  determines  that  no violation   or   danger   exists,  the  commissioner  shall  inform  the complaining person or entity.   3. If,  upon  investigation,  the  commissioner  determines  that  the alleged  violation exists, the commissioner may deliver to such owner or elevator contractor or his or her  agent  or  representative  a  written order  to cure such violation and may order that their permit to work on such installation, repair or  maintenance  project  shall  be  suspended until  such  violation is cured. Such order shall specifically enumerate the violations which constitute the basis of the order to cure or  order of  suspension  and shall specify the corrective action to be taken. The commissioner may allow the permit to toll during the time of such order.   4. Upon receipt of a written notice from the elevator  contractor,  or his  or  her  agent  or  representative,  that  such  violation has been corrected,  the  commissioner  shall,   within   ten   days,   issue   a determination  as  to  whether such order to cure has been satisfied and such order of suspension, if any, shall be lifted. If  the  commissioner determines  that  the order to cure has not been satisfied he or she may continue such order for a reasonable period of time upon the consent  of the   contractor,  or  his  or  her  agent  or  representative.  If  the commissioner does not continue the order, or if the contractor,  or  his or  her  agent  or representative does not consent to such continuation, the contractor shall have the right to a hearing to  determine  if  such order  shall  be  lifted.  Any entity or contractor who may be adversely affected by a notice, suspension, or  determination  issued  under  this section  may  commence a proceeding pursuant to article seventy-eight of the civil practice law and rules.   5. The commissioner may, after a notice and hearing, suspend or revoke a license issued under this  article  based  on  any  of  the  following violations:  (a) any false statement as to a material matter in the application;  (b) fraud, or misrepresentation, in securing a license;  (c)  failure  to  notify the commissioner and the owner or lessee of a conveyance of any condition not in compliance with this article;  (d) a violation of section nine hundred fifty-two of this article; or  (e) a finding by the commissioner that a contractor has violated  this article  or any rule or regulation promulgated thereunder twice within a period of three years, or that a contractor has violated a provision  of this  article  and  such  violation  resulted in a serious threat to the health or safety of an individual or individuals. The commissioner  may, in  addition  to ordering that such contractor's license be revoked, bar such individual from being eligible to reapply for such  license  for  a period not to exceed two years.   6.  The  commissioner  may,  after notice and hearing, revoke a permit issued under this article based on any of the following violations:  (a) any false statements or misrepresentation as to a material fact in the application, plans, or specifications on which the permit was based;  (b) any application which by omission or mistake fails to comply  with the requirements of this article;  (c)  any  failure to perform work in accordance with the provisions of the application, plans or specifications or  with  the  requirements  of this article or conditions of the permit;  (d)  a  failure by the owner or elevator contractor to whom the permit was issued to comply with an order issued pursuant to  subdivision  four of this section; or  (e) a finding by the commissioner that an individual or contractor who has  been  issued a permit has violated any provision under section nine hundred fifty-two of this article.   7. (a) Except as provided in paragraph (b) of this subdivision, if the commissioner finds, after notice and hearing,  that  an  individual  has violated  any  provision  of  this article, he or she may impose a civil penalty not to exceed one thousand dollars for each such violation. Upon a second or subsequent violation within three years of the determination of a prior violation, the commissioner may impose a civil penalty not to exceed two thousand dollars.  (b) The penalty provided for in paragraph (a) of this subdivision  may be  increased  to  an  amount not to exceed five thousand dollars if the violation resulted in a serious threat to the health  or  safety  of  an individual or individuals.   8.  Any entity or contractor who may be adversely affected by an order issued under this section may commence a proceeding pursuant to  article seventy-eight of the civil practice law and rules.   9.  The  commissioner  may  bring  an  action  in a court of competent jurisdiction to enjoin any conduct that violates the provisions of  this article.   10. The commissioner may promulgate rules and regulations necessary to carry out and effectuate the provisions of this article.   * NB Effective and Repealed January 1, 2022   * §  955.  Powers  of the commissioner. 1. The commissioner shall have the authority to inspect, or cause to be inspected, ongoing or completed conveyance projects and to conduct an  investigation  thereof  upon  the commissioner's  own  initiation  or  upon  receipt of a complaint by any person or entity. However, nothing in this subdivision shall permit  the commissioner to enter a private residence.   2.  If,  upon  receipt  of  a  complaint  alleging a violation of this article,  the  commissioner  reasonably  believes  that  such  violation exists,  he or she shall investigate as soon as practicable to determine if such  violation  exists.  If  the  commissioner  determines  that  no violation   or   danger   exists,  the  commissioner  shall  inform  the complaining person or entity. If, upon investigation,  the  commissioner determines  that the alleged violation exists, the commissioner may deem such violation to create a dangerous condition for purposes  of  section two  hundred  of  this  chapter  only  and may issue a notice thereunder prohibiting further work.   3. The commissioner may, after a notice and hearing, suspend or revoke a license issued under this  article  based  on  any  of  the  following violations:  (a) any false statement as to a material matter in the application;  (b) fraud, or misrepresentation, in securing a license;  (c)  failure  to  notify the commissioner and the owner or lessee of a conveyance of any condition not in compliance with this article;  (d) a violation of section nine hundred fifty-two of this article; or  (e) a finding by the commissioner that a license holder  has  violated this  article  or  any  rule  or regulation promulgated thereunder twice within a period of three years, or that a license holder has violated  a provision  of  this  article  and  such  violation resulted in a serious threat to the health or safety of  an  individual  or  individuals.  The  commissioner  may, in addition to ordering that such license be revoked, bar such license holder from being eligible to reapply for such license, or any other license under this article, for a period not to exceed  two years.   4. (a) Except as provided in paragraph (b) of this subdivision, if the commissioner  finds,  after  notice  and hearing, that an individual has violated any provision of this article, he or she  may  impose  a  civil penalty not to exceed one thousand dollars for each such violation. Upon a second or subsequent violation within three years of the determination of a prior violation, the commissioner may impose a civil penalty not to exceed two thousand dollars.  (b)  The penalty provided for in paragraph (a) of this subdivision may be increased to an amount not to exceed five  thousand  dollars  if  the violation  resulted  in  a  serious threat to the health or safety of an individual or individuals provided, however, that such  penalty  may  be increased to an amount not to exceed twenty-five thousand dollars if the violation resulted in the death of any individual or individuals.   5.  The  commissioner  may  bring  an  action  in a court of competent jurisdiction to enjoin any conduct that violates the provisions of  this article.   6.  The  board  shall examine the various state and local requirements and  industry  standards  and  practices  with   respect   to   elevator inspections  in  this  state  and  shall  provide recommendations to the commissioner  for  coordinating  existing  state,  local,  and   private inspections  to  ensure  that  elevators are being inspected by licensed inspectors.   7. The commissioner may promulgate rules and regulations necessary  to carry out and effectuate the provisions of this article.   * NB Effective January 1, 2022