2006 New York Code - Violations, Penalties, Procedures.

 
    §  345.  Violations,  penalties,  procedures.  1.  Any manufacturer or
  contractor in the apparel industry who has failed  to  comply  with  the
  registration  requirements  of  section  three hundred forty-one of this
  article shall be deemed to have violated this article.
    2. Any manufacturer or contractor in  the  apparel  industry  who  has
  failed  to  comply within the time specified by law with an order issued
  by the commissioner to comply  with  the  registration  requirements  of
  section  three hundred forty-one of this article shall be deemed to have
  violated this article.
    3.  Any  manufacturer  or  contractor  in  the  apparel  industry  who
  contracts  for  the  performance  of  any  apparel  industry service, as
  defined in section three hundred forty of this article, with  any  other
  manufacturer  or  contractor  who  is required to register, but whom the
  manufacturer or contractor knows has failed to register, failed to renew
  its registration or has had its registration revoked by the commissioner
  shall be deemed to have violated this article.
    4. (a) The commissioner may impose a civil penalty upon a manufacturer
  or contractor of up to one thousand five hundred dollars for the initial
  violation of subdivision one, two or three of this  section  and  up  to
  three  thousand  dollars  for  the  second  or  subsequent  violation of
  subdivision one, two or three of this section. In assessing  the  amount
  of  the  penalty,  the  commissioner shall give due consideration to the
  size of the manufacturer's or contractor's business, its good faith, the
  gravity of the violation, the history of  previous  violations  of  this
  article  and  the  manufacturer's  or  contractor's  compliance with the
  recordkeeping or other provisions of the labor law.
    (b) The order imposing such civil penalty may be served personally  or
  by certified mail. Such order shall be in writing and shall describe the
  nature  of  the  violation,  including  reference  to  the provisions of
  subdivision one, two or three of  this  section  alleged  to  have  been
  violated.
    5.  (a)  An  order  issued  under  this section shall be final and not
  subject to review by any court or agency unless review is  had  pursuant
  to section one hundred one of this chapter.
    (b)  Provided that no proceeding for administrative or judicial review
  as provided in this chapter shall then  be  pending  and  the  time  for
  initiation  of  such proceeding shall have expired, the commissioner may
  file with the county clerk of the county where the employer  resides  or
  has a place of business the order of the commissioner or the decision of
  the  industrial  board  of  appeals  containing  the amount of the civil
  penalty. 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.
    6.  If  any  manufacturer  or  contractor  shall have failed to comply
  within twenty days of an order by the commissioner to register or  renew
  registration,   the  commissioner  may  seek  to  enjoin  such  unlawful
  activity, pursuant to the civil practice law and rules.
    7. The intentional failure of an apparel manufacturer or contractor to
  comply with the  registration  requirements  of  section  three  hundred
  forty-one  of  this article shall be a class B misdemeanor. The officers
  and agents of any corporation who knowingly permit such  corporation  to
  violate the registration requirements of section three hundred forty-one
  of this article shall be guilty of a class B misdemeanor.
    8.   The  commissioner  may,  after  a  hearing  thereon,  revoke  the
  registration of any manufacturer or contractor for  any  period  ranging
  from  thirty  days  to  one  year  upon  being  found guilty of a second
  violation of the same provision of  this  article  within  any  two-year
  period.   In   assessing   whether  to  revoke  such  registration,  the
  commissioner  shall  give  due  consideration  to  the   size   of   the
  manufacturer's  or contractor's business, its good faith, the gravity of
  the violation, the history of previous violations and the manufacturer's
  or contractor's compliance with the recordkeeping or other provisions of
  the labor law.
    9. Any manufacturer or contractor who contracts, for the  second  time
  within  any  three  year  period,  for  the  performance  of any apparel
  industry service, as defined in section  three  hundred  forty  of  this
  article, with any other manufacturer or contractor whom the manufacturer
  or   contractor  knows  has  failed  to  comply  with  the  registration
  requirements of section three hundred forty-one of this  article  shall,
  if  such  other  manufacturer  or contractor has failed to pay any civil
  penalty  assessed  under  subdivision  one  of  section  three   hundred
  forty-five  of  this  article, be liable to pay a civil penalty equal to
  the civil penalty that such other manufacturer or  contractor  has  been
  assessed.  Nothing  herein shall affect the right of any manufacturer to
  possess or repossess any apparel, or sections or components of  apparel,
  that are located at any contractor with whom it has contracted.
    10.  (a)  Any  manufacturer  or contractor in the apparel industry who
  ships, delivers or sells any apparel or sections of apparel; who knew or
  should have known that such goods were produced in violation of  article
  six  or  nineteen of this chapter, shall be deemed to have violated this
  article;
    (b)  Any retailer who sells any apparel or sections  of  apparel,  who
  knew  or should have known that such goods were produced in violation of
  article six or nineteen  of  this  chapter,  shall  be  deemed  to  have
  violated this article. Except that no violation of this article shall be
  deemed to have occurred if the retailer acquired the apparel or sections
  of  apparel  without  notice  from the commissioner of any violations of
  article six or  nineteen  of  this  chapter  and  with  the  written  or
  electronically transmitted assurance of such manufacturer or contractor,
  given  before  or  after  production,  whether as part of the retailer's
  vendor approval process, purchase contract requirements,  electronically
  transmitted  purchase  order  acknowledgments or invoices, or otherwise,
  that such goods would be, or were,  produced  in  compliance  with  this
  article or, generally, all applicable laws; and
    (c)  Subject  to  the exceptions in paragraph (b) of this subdivision,
  the supreme court of the state shall have jurisdiction, upon petition of
  the attorney general,  to  restrain  the  shipping,  delivery,  sale  or
  purchase  by  any  manufacturer,  contractor  or  retailer of apparel or
  sections of apparel upon a showing that  such  apparel  or  sections  of
  apparel  were,  during the previous one hundred eighty days, produced in
  violation of article  six  or  nineteen  of  this  chapter  or  sold  in
  violation  of paragraph (a) or (b) of this subdivision.  Such proceeding
  shall be brought in the county in which the violation is alleged to have
  taken place.  In any such proceeding the court may  make  allowances  to
  the  attorney  general  provided  in paragraph six of subdivision (a) of
  section eighty-three hundred three of the civil practice  law and rules.
  In connection with such application, the attorney general is  authorized
  to  take  proof  and  make  a determination of the relevant facts and to
  issue subpoenas in accordance with the civil practice law and rules.