2023 New York Laws › GBS - General Business › Article 11 - Employment Agencies. › 189 - Enforcement of Provisions of This Article.

§  189.  Enforcement  of  provisions of this article. 1. This article,
  article nineteen-B of the labor law and sections 37.01, 37.03 and  37.05
  of  the  arts  and  cultural  affairs  law  shall  be  enforced  by  the
  commissioner of labor, except that in the city of New York this  article
  and  such  sections  shall  be  enforced by the commissioner of consumer
  affairs of such city. In addition to the powers of the commissioner, the
  attorney general may enforce the  provisions  of  this  article  to  the
  extent permitted under section sixty-three of the executive law.
2.  To  effectuate the purposes of this article, article nineteen-B of
  the labor law and sections 37.01,  37.03  and  37.05  of  the  arts  and
  cultural  affairs  law, the commissioner or any duly authorized agent or
  inspector designated by  such  commissioner,  shall  have  authority  to
  inspect  the  premises,  registers, contract forms, completed contracts,
  statements of terms and conditions, receipt  books,  application  forms,
  referral forms, reference forms, reference reports and financial records
  of  fees  charged  and  refunds  made of each employment agency, and any
  other record that the employment agency is required to maintain pursuant
  to this article, which are essential to the operation  of  such  agency,
  and of each applicant for an employment agency license, as frequently as
  necessary  to  ensure compliance with this article and such sections. In
  no event shall any employment agency be inspected less  frequently  than
  once  every eighteen months. Inspections may consist of in-person visits
  to employment agencies or the review of records  as  described  in  this
  subdivision  or  both.  The  commissioner  shall  also have authority to
  subpoena records and witnesses or otherwise to conduct investigations of
  any employer or other person where he or she has reasonable grounds  for
  believing  that such employer or person is violating or has conspired or
  is conspiring with an employment agency to violate this article or  such
  sections.
3.  To  effectuate  the purposes of this article, the commissioner may
  make reasonable administrative rules within the standards  set  in  this
  article.  Before  such  rules  shall  be  issued, the commissioner shall
  conduct a public hearing, giving due notice thereof  to  all  interested
  parties.  No rule shall become effective until fifteen days after it has
  been filed in the office of the department of state, if it is a rule  of
  the  industrial  commissioner, or in the office of the clerk of the city
  of New York, if it is a rule of the commissioner  of  licenses  of  such
  city,  and  copies thereof shall be furnished to all employment agencies
  affected at least fifteen days prior to the effective date of such rule.
4. Complaints against any such licensed or unlicensed  person  may  be
  made  orally  or  in  writing  to  the  commissioner,  or  be sent in an
  affidavit  form  without  appearing  in  person,  and  may  be  made  by
  recognized  employment  agencies,  trade  associations,  or  others. The
  commissioner may hold a hearing on a complaint with the powers  provided
  by  section  one  hundred  seventy-four of this article. If a hearing is
  held, reasonable notice thereof, not less than five days, shall be given
  in writing to said person by serving upon the person either  personally,
  by mail, or by leaving the same with the person in charge of his office,
  a  concise  statement  of  the facts constituting the complaint, and the
  hearing shall commence before the commissioner with reasonable speed but
  in no event later than two weeks from the date  of  the  filing  of  the
  complaint. The commissioner when investigating any matters pertaining to
  the  granting,  issuing, transferring, renewing, revoking, suspending or
  cancelling of any license is authorized in his discretion to  take  such
  testimony  as  may  be  necessary on which to base official action. When
  taking such testimony he may subpoena  witnesses  and  also  direct  the
  production  before  him  of  necessary  and material books and papers. A
  daily calendar of all hearings shall be kept  by  the  commissioner  and

  shall be posted in a conspicuous place in his public office for at least
  one  day before the date of such hearings. The commissioner shall render
  his decision within thirty days from the  time  the  matter  is  finally
  submitted  to  him.  The  commissioner  shall  keep a record of all such
  complaints and hearings.  The office of new Americans shall, pursuant to
  section ninety-four-b of the executive law, receive complaints and where
  appropriate refer such complaints  to  the  attorney  general  or  other
  federal,  state or local agency authorized by law to take action on such
  complaint.
5. Upon a finding that the licensed person or his agent,  employee  or
  anyone acting on his behalf is guilty of violating any provision of this
  article  or  is  not  a person of good character and responsibility, the
  commissioner may suspend or revoke the license of such licensed  person.
  Any  employment  agency  found  to  have  violated any provision of this
  article shall be subject, for the first offense, to a civil penalty  not
  to  exceed  one thousand dollars per violation, and, for each subsequent
  offense within six years of such previous offense, to a  civil  penalty,
  not  to  exceed  five  thousand  dollars  per  violation. Upon notice of
  violation of this article or when it is determined that there has been a
  violation of this article by an employment agency, the commissioner  may
  provide  the  employment  agency  with  a  specific time period for such
  employment agency to cure  or  correct  such  violation  or  take  other
  ameliorative  action  as  directed  by  the commissioner, the successful
  completion of which shall prevent the imposition  of  penalties  on  the
  employment  agency  for such violation. Whenever such commissioner shall
  suspend or revoke the license of any employment agency, or shall levy  a
  fine against any agency, said determination shall be subject to judicial
  review  in  proceedings brought pursuant to article seventy-eight of the
  civil practice law and rules. Whenever an employment agency's license is
  revoked, another license or agency manager permit shall  not  be  issued
  within  three  years  from  the date of such revocation to said licensed
  person or his agency manager or to any person with whom the licensee has
  been associated in the business of furnishing employment or engagements.
  Deputy commissioners, or other officials designated to act on behalf  of
  the  commissioner,  may  conduct  hearings and act upon applications for
  licenses, and revoke or suspend such licenses, or levy fines against  an
  employment agency.
6. If any provisions of this article or the application thereof to any
  person  or  circumstances is held unconstitutional, the remainder of the
  article and the application of  that  provision  to  other  persons  and
  circumstances shall not be affected thereby.