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This entry was published on 2014-09-22
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SECTION 344
Powers
Labor (LAB) CHAPTER 31, ARTICLE 12-A
§ 344. Powers. Notwithstanding any other state or local law or
regulation to the contrary, the special task force shall have the
following powers: 1. To inspect books, records and premises of
manufacturers and contractors, with respect to their respective
production employees, to determine compliance with this chapter,
including but not limited to, minimum wage, overtime compensation,
unemployment insurance coverage, child labor and industrial homework
and, if the special task force determines that a manufacturer or
contractor has violated any provision of this chapter with respect to
its production employees, to assess and collect, on behalf of the
commissioner, an administrative penalty. If the violation is of a
provision of this chapter for which the assessment and collection of an
administrative penalty is not otherwise authorized, the special task
force may assess and collect a penalty of up to two hundred fifty
dollars for a first violation and up to five hundred dollars for each
subsequent violation. No penalty shall be levied pursuant to this
subdivision unless the commissioner shall provide the violator with
notification of such violation and of the amount of such administrative
penalty by certified mail and with an opportunity to request a hearing
within fifteen days following the receipt of such notice. If a hearing
is requested, the commissioner may issue a final order upon such hearing
and a finding that a violation has occurred. If no hearing is requested,
such notice shall become a final order upon the expiration of the
fifteen-day period. Payment of such administrative penalty is due when a
final order is issued or when the notice becomes a final order. Any
penalty imposed pursuant to this subdivision may be recovered with costs
upon an appeal to the appellate division of the supreme court pursuant
to article seventy-eight of the civil practice law and rules and upon a
final determination that the finding by the commissioner was in error.
Any penalty paid pursuant to this subdivision shall be applied to
enforcement and administrative costs of the special task force;

2. When in the course of inspections pursuant to subdivision one
above: (a) To inspect books and records of manufacturers and
contractors, with respect to their respective production employees,
concerning the deduction and remittance to the proper authorities of all
federal, state and local payroll taxes and to refer to the appropriate
authorities any instance in which there is reasonable cause to believe
that the payment of federal, state and local payroll taxes is being
evaded; and

(b) To inspect premises of manufacturers and contractors, with respect
to their respective production employees, to determine compliance with
concerning state or local building codes, state or local fire codes,
laws or regulations and state or local health codes, laws or regulations
and to refer to the appropriate authorities any instance in which there
is reasonable cause to believe that a violation of such codes, laws or
regulations exists; and to immediately evacuate and close any premises
deemed by a special task force investigator trained in accordance with
section three hundred forty-six of this article to recognize fire code
violations, to be a serious violation of the applicable fire code; and
to refer such violation immediately to the appropriate local
authorities; and

(c) To take action authorized by this article necessary to implement
its provisions.