NY Exec L § 160-HHH (2021)
2021 New York Laws EXC - Executive Article 6-G - Independent Livery Driver Benefit Fund 160-HHH - Violations; Penalties; Appeals.

§   160-hhh.  Violations;  penalties;  appeals.  1.  Any  person  that knowingly submits  a  materially  false  statement  on  the  affirmation provided  for  in  section  eighteen-c  of the workers' compensation law shall be guilty of a class A misdemeanor.  Any  person  that  commits  a second or subsequent offense under this subdivision shall be guilty of a class E felony.   2.  The  workers'  compensation  board  or  local  taxi  and limousine commission may, upon its own motion or the application of a  local  taxi and limousine commission or the independent livery fund, and upon notice to  the independent livery base, conduct a hearing as to the validity of any  affirmation  filed  under  section  eighteen-c  of   the   workers' compensation  law,  or  to  determine  whether  there has been any other violation of this article. Should the  workers'  compensation  board  or local  taxi  and  limousine  commission determine that the certification contains any materially  false  statements,  the  workers'  compensation board may:  (a)  revoke  the  livery base's authorization as an independent livery base for a period of up to five years;  (b) impose a civil penalty of up to ten thousand dollars; and/or  (c) refer the independent livery base to the local taxi and  limousine commission for such additional sanction as it may impose under its rules and regulations.   3.  Any  independent  livery base which has been found on two separate occasions, under subdivision  two  of  this  section,  to  have  made  a materially  false  statement  in  its certification shall be permanently barred from acting as an independent livery base.   4. If an independent livery base fails to submit  to  the  independent livery   driver   benefit   fund   any  required  charge,  the  workers' compensation board or local taxi and limousine commission may order that it pay into the fund, upon application of the fund and following  notice to  the  independent livery base (a) the amount overdue plus interest on such amount, and/or (b) a penalty of up to five hundred dollars for each thirty days after notice is given  that  the  payment  is  overdue.  The workers'  compensation  board or local taxi and limousine commission may suspend or  revoke  such  livery  base's  authorization  to  act  as  an independent  livery  base  for failure to make such payment. The rate of interest applicable to this subdivision  shall  be  twelve  percent  per annum.  Any  monetary penalty imposed pursuant to this subdivision shall be retained by the workers' compensation board and be used to defray the costs of administering this article.   5. If the workers' compensation board  or  local  taxi  and  limousine commission  determines  that  any  independent  livery base has made any material misrepresentations, or temporarily altered the  affiliation  of any  livery,  livery  driver  or  livery  registrant, for the purpose of reducing its payments into the fund, the workers' compensation board  or local  taxi  and  limousine  commission  may  suspend  the livery base's membership in the fund for a period of up to two years, and may impose a penalty of up to five thousand dollars.   6. If the workers' compensation board  or  local  taxi  and  limousine commission  determines  that any independent livery base has coerced any livery driver into making false statements or refraining from  reporting any violations of this article, the workers' compensation board or local taxi  and  limousine commission may suspend the livery base's membership in the fund for a period of up to two years, and may impose a penalty of up to five thousand dollars.   7. Except as otherwise provided in this section, a livery base that is found to have violated a provision of this article or a rule promulgated by  the  workers'  compensation  board  or  local  taxi  and   limousine  commission  pursuant  to  this  article shall be liable for a fine in an amount not to exceed five thousand dollars per violation.   8.  If the fund has reason to believe a violation of this article by a fund member may have  occurred,  the  fund  shall  notify  the  workers' compensation  board.  Upon  receipt  of  such  a  referral, the workers' compensation board shall hold a hearing to determine the validity of the charge, or refer the matter to the local taxi and  limousine  commission for such determination.   9.  The  responsible  persons  of  an independent livery base shall be personally liable for the  amount  of  any  monetary  penalties  awarded pursuant  to  this  subdivision.  "Responsible persons," for purposes of this subdivision, shall be: (a) the directors of a livery base that is a corporation; (b) the managers  of  a  livery  base  that  is  a  limited liability  company  or  its  members  if  management of a livery base is vested in its members; (c) the general partner or partners of  a  livery base  that  is  a  partnership;  (d)  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 livery base; and (e) the president, secretary  and treasurer of a livery base, regardless of its form of organization.   10.  Failure  of  the  independent  livery base, or of its responsible persons, to pay any  charges  or  penalties  awarded  pursuant  to  this section  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 workers'  compensation  board, to deposit with the workers' compensation board 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 workers' compensation board or local taxi and limousine  commission  to  file  with  the clerk of Albany county or the county where the local  taxi  and  limousine  commission  is  located  a certified  copy  of the determination of the workers' compensation board or the local taxi and limousine commission, and thereupon judgment shall be entered in the supreme court by the clerk of  the  county  where  the determination is filed 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.   11. Within twenty days after issuance  by  the  workers'  compensation board  of  a  determination  adverse  to  a livery base pursuant to this section, an appeal may be taken therefrom to the appellate  division  of the supreme court, third department, by the aggrieved party.   12. If the membership of an independent livery base in the independent livery  fund  is  suspended  for  failure  to pay assessments under this article, the livery base may make  application  for  reinstatement  only upon  payment of such assessments and such penalties and interest as the local taxi and limousine commission or workers' compensation  board  has imposed,  or  upon  the agreement by the base and fund to a schedule for such payment.   13. Any sanction imposed under this section shall be after  notice  to the independent livery base and an opportunity for a hearing.