2023 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.