2023 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
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.