§ 909. Civil penalties and revocation. 1. a. The commissioner may
impose a civil penalty upon an asbestos contractor of up to two thousand
five hundred dollars for the initial violation of section nine hundred
two of this article and up to four thousand dollars for the second or
subsequent violation of such section. Any substantially owned-affiliated
entity of such asbestos contractor shall be held jointly and severally
liable for the payment of such civil penalty. The commissioner may issue
an order directing payment of such civil penalty by the asbestos
contractor and substantially owned-affiliated entity.

b. If, after an investigation and a formal hearing, the commissioner
finds that an asbestos contractor has violated any provision of this
article, other than section nine hundred two or any rule or regulation
promulgated hereunder, the commissioner shall, by an order which shall
describe in detail the nature of the violation or violations, assess the
asbestos contractor a civil penalty of not more than the greater of
twenty-five percent of the monetary value of the contract upon which the
violation was found to have occurred or five thousand dollars per
violation. Any asbestos contractor who, having previously been assessed
a civil penalty under this section, or whose substantially
owned-affiliated entity having previously been assessed a civil penalty
under this section, violates any provision of this article or any rule
or regulation promulgated hereunder, shall be subject to a civil penalty
of not more than the greater of fifty percent of the monetary value of
the contract upon which the violation was found to have occurred or
twenty-five thousand dollars per violation. Each day a violation
continues may be considered a separate violation under this section. In
assessing the amount of penalty, the commissioner shall give due
consideration to the size of the asbestos contractor's business, the
good faith of the contractor, the gravity of the violation and the
history of previous violations by the asbestos contractor and/or any
substantially owned-affiliated entity of such asbestos contractor. Any
substantially owned-affiliated entity of such asbestos contractor shall
be held jointly and severally liable for the payment of such civil
penalty. The commissioner may issue an order directing payment of such
civil penalty by the asbestos contractor and any substantially
owned-affiliated entity.

2. If, after an investigation and a formal hearing, the commissioner
finds that an asbestos contractor has violated any provision of this
article or any rule or regulation promulgated hereunder within three
years of the last assessment of a civil penalty against the asbestos
contractor or any substantially owned-affiliated entity of the asbestos
contractor under this article, or has been found to have committed
serious violations of other state, federal or local laws with regard to
the conduct of the asbestos contractor or any substantially
owned-affiliated entity of such asbestos contractor at or on any
asbestos project or that such asbestos contractor or any substantially
owned-affiliated entity of such asbestos contractor has otherwise
demonstrated a lack of responsibility in the conduct of any job
involving asbestos or asbestos material of such seriousness as to
warrant the revocation of the asbestos contractor's license, or the
license of any substantially owned-affiliated entity of such asbestos
contractor, the commissioner may, by an order which describes in detail
the nature of the violation or violations, revoke the asbestos
contractor's asbestos handling license or the asbestos handling license
of any substantially owned-affiliated entity of such asbestos contractor
and neither such asbestos contractor nor any substantially
owned-affiliated entity of such asbestos contractor shall be eligible to
apply for a new asbestos handling license for a period of up to two
years.

3. If, after an investigation and a formal hearing, the commissioner
finds that a person who has been issued an asbestos handling certificate
has willfully violated any provision of this article, or any rule or
regulation promulgated hereunder, the commissioner may, by order which
describes in detail the nature of the violation or violations, suspend
or revoke the asbestos handling certificate of such person.

4. Any person or asbestos contractor who may be adversely affected by
an order issued under this section may challenge the validity or
applicability of such order by commencing a proceeding pursuant to
article seventy-eight of the civil practice law and rules. The
commissioner may file with the county clerk of the county where the
person, asbestos contractor, or substantially owned-affiliated entity of
such person or contractor resides or has a place of business, the order
containing the amount of civil penalty, unless a proceeding for judicial
review as provided in this article shall then be pending or the time for
initiation of such proceeding has not expired. The filing of such order
or decision shall have the full force and effect of a judgment duly
docketed in the office of such clerk. The order or decision may be
enforced by and in the name of the commissioner in the same manner, and
with like effect, as that prescribed by the civil practice law and rules
for the enforcement of a money judgment.

5. When any person or corporation, or any officer or shareholder who
owns or controls at least ten per centum of the outstanding stock of
such corporation, has been convicted of a felony offense for conduct
directly relating to obtaining or attempting to obtain, an asbestos
handling certificate or asbestos handling license or performing or
attempting to perform an asbestos contract such person or corporation
shall be ineligible to be issued an asbestos handling certificate or
asbestos handling license for a period of five years from the date of
conviction.

6. Nothing in this section shall be construed as affecting any
provision of any other law or regulation relating to the issuance of
asbestos handling certificates or asbestos handling licenses.