2023 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.