§ 345-b. Confiscation of goods. 1. The commissioner may, in addition
to seeking civil, administrative or criminal penalties pursuant to this
article, order the special task force to confiscate any partially or
completely assembled articles of apparel and any equipment used in the
assembly of apparel from any manufacturer or contractor who is violating
any provision of this article and who has previously been found liable
for a civil or administrative penalty for two or more separate
violations of the provisions of this article during the immediately
preceding three-year period. Such order of confiscation shall require
that such articles of apparel and equipment shall be held in the
premises at which such confiscation occurs and that such articles and
equipment shall be secured by any means, including the use of a padlock,
to render such articles and equipment inaccessible; provided, however,
that the commissioner shall not secure any dwelling unit or other space
lawfully used for residential purposes.

2. Such order of confiscation shall be posted upon the secured
premises and shall give notice that removal of secured property is
prohibited by law. Removal of such posted order while it remains in
force shall be punishable by a fine of five hundred dollars. Any attempt
to remove secured articles and equipment while such order remains in
force shall be punishable by a fine not to exceed one thousand dollars
or by imprisonment not to exceed six months or both. The special task
force shall deliver the keys to the fee owner, lessor or lessee of such
premises if such owner, lessor or lessee is not the manufacturer or
contractor who is in violation of the provisions of this article.

3. Such articles and equipment shall remain secured pursuant to
subdivision one of this section until such order of confiscation becomes
final or until a final determination of any appeal pursuant to
subdivision four or five of this section of such order is rendered.

4. Within five days of confiscation pursuant to subdivision one of
this section, the commissioner shall provide the manufacturer or
contractor who is in violation of any provision of this article and
whose articles of apparel and equipment have been confiscated with
notification of such violation and confiscation by certified mail,
return receipt requested, and with an opportunity to request from the
commissioner by certified mail, return receipt requested, a hearing
within fifteen days following receipt of such notice. If a hearing is
requested, it shall be held within ten days following receipt of such
request, and the commissioner may issue a final confiscation order upon
such hearing and a finding that a violation has occurred. If a hearing
is not requested, the commissioner shall issue a final confiscation
order upon the expiration of such fifteen-day period. The manufacturer
or contractor may appeal the final confiscation order to the appellate
division of the supreme court within thirty days following the issuance
of such final confiscation order.

5. Upon issuance of a final confiscation order or, if such order is
appealed, upon a final resolution upholding such order, title to the
confiscated articles and equipment shall vest in the state, and such
items shall be sold at auction within sixty days from the vesting of
title. Proceeds of the auction shall be applied to enforcement and
administrative costs of the special task force. Any remaining items
shall be disposed of pursuant to regulations issued by the commissioner.