§ 348. Powers of commissioner; surety bond; civil and criminal
penalties. 1. If an order has been issued by the commissioner pursuant
to section two hundred eighteen or two hundred nineteen of this chapter
within the previous five years to any person engaged as an employer in
the apparel industry directing compliance with any provision of article
six or nineteen of this chapter and such order has not been revoked or
annulled on review and the time for review has expired, or if it shall
appear to the commissioner that any person engaged as an employer or as
an agent or officer of a corporate employer in the apparel industry has
within the previous five years been convicted of a violation of any
provision of article six or nineteen of this chapter, or if it shall
appear that any person engaged as an employer in the apparel industry
has within the previous five years failed to comply within the time
specified by law with an order issued by the commissioner to comply with
the registration requirements of this article, the commissioner may
demand that such employer deposit with him a surety bond either in a sum
equal to his annual payroll, as determined by the commissioner or in the
discretion of the commissioner, in the sum of fifty thousand dollars.
Such bond shall be payable to the commissioner and shall be conditioned
that the employer and the officers thereof will, for a period of five
years, maintain full compliance with this article and articles six and
nineteen of this chapter, and shall be further conditioned upon the
payment by the employer of all judgments which may be recovered against
him pursuant to the provisions of this chapter. If within ten days after
demand for such bond, which demand shall be either personally served or
made by certified mail directed to the residence or last known business
address of the employer, such employer shall fail to deposit the same,
the employer shall be thereafter liable for a civil penalty of one
thousand dollars per day until the furnishing of the bond or cessation
of business by the employer, which civil penalty shall be payable to the
commissioner. The commissioner may bring an action in any court of
appropriate jurisdiction to compel the employer and the officers thereof
to furnish such a bond and to recover all civil penalties accrued.

2. Every person engaged as an employer, or any officer or agent of any
corporation in the apparel industry who knowingly fails to comply with
an order issued under subdivision one of this section shall be guilty of
a misdemeanor and upon conviction therefor shall be fined not less than
one hundred nor more than ten thousand dollars or imprisoned for not
more than one year or punished by both such a fine and imprisonment for
each such offense.