2010 New York Code
EXC - Executive
Article 6-G - (160-AAA - 160-III) INDEPENDENT LIVERY DRIVER BENEFIT FUND
160-HHH - Violations; penalties; appeals.

§   160-hhh.  Violations;  penalties;  appeals.  1.  Any  person  that
  knowingly submits  a  materially  false  statement  on  the  affirmation
  provided  for  in  section  eighteen-c  of the workers' compensation law
  shall be guilty of a class A misdemeanor.  Any  person  that  commits  a
  second or subsequent offense under this subdivision shall be guilty of a
  class E felony.
    2.  The  workers'  compensation  board  or  local  taxi  and limousine
  commission may, upon its own motion or the application of a  local  taxi
  and limousine commission or the independent livery fund, and upon notice
  to  the independent livery base, conduct a hearing as to the validity of
  any  affirmation  filed  under  section  eighteen-c  of   the   workers'
  compensation  law,  or  to  determine  whether  there has been any other
  violation of this article. Should the  workers'  compensation  board  or
  local  taxi  and  limousine  commission determine that the certification
  contains any materially  false  statements,  the  workers'  compensation
  board may:
    (a)  revoke  the  livery base's authorization as an independent livery
  base for a period of up to five years;
    (b) impose a civil penalty of up to ten thousand dollars; and/or
    (c) refer the independent livery base to the local taxi and  limousine
  commission for such additional sanction as it may impose under its rules
  and regulations.
    3.  Any  independent  livery base which has been found on two separate
  occasions, under subdivision  two  of  this  section,  to  have  made  a
  materially  false  statement  in  its certification shall be permanently
  barred from acting as an independent livery base.
    4. If an independent livery base fails to submit  to  the  independent
  livery   driver   benefit   fund   any  required  charge,  the  workers'
  compensation board or local taxi and limousine commission may order that
  it pay into the fund, upon application of the fund and following  notice
  to  the  independent livery base (a) the amount overdue plus interest on
  such amount, and/or (b) a penalty of up to five hundred dollars for each
  thirty days after notice is given  that  the  payment  is  overdue.  The
  workers'  compensation  board or local taxi and limousine commission may
  suspend or  revoke  such  livery  base's  authorization  to  act  as  an
  independent  livery  base  for failure to make such payment. The rate of
  interest applicable to this subdivision  shall  be  twelve  percent  per
  annum.  Any  monetary penalty imposed pursuant to this subdivision shall
  be retained by the workers' compensation board and be used to defray the
  costs of administering this article.
    5. If the workers' compensation board  or  local  taxi  and  limousine
  commission  determines  that  any  independent  livery base has made any
  material misrepresentations, or temporarily altered the  affiliation  of
  any  livery,  livery  driver  or  livery  registrant, for the purpose of
  reducing its payments into the fund, the workers' compensation board  or
  local  taxi  and  limousine  commission  may  suspend  the livery base's
  membership in the fund for a period of up to two years, and may impose a
  penalty of up to five thousand dollars.
    6. If the workers' compensation board  or  local  taxi  and  limousine
  commission  determines  that any independent livery base has coerced any
  livery driver into making false statements or refraining from  reporting
  any violations of this article, the workers' compensation board or local
  taxi  and  limousine commission may suspend the livery base's membership
  in the fund for a period of up to two years, and may impose a penalty of
  up to five thousand dollars.
    7. Except as otherwise provided in this section, a livery base that is
  found to have violated a provision of this article or a rule promulgated
  by  the  workers'  compensation  board  or  local  taxi  and   limousine

commission  pursuant  to  this  article shall be liable for a fine in an
  amount not to exceed five thousand dollars per violation.
    8.  If the fund has reason to believe a violation of this article by a
  fund member may have  occurred,  the  fund  shall  notify  the  workers'
  compensation  board.  Upon  receipt  of  such  a  referral, the workers'
  compensation board shall hold a hearing to determine the validity of the
  charge, or refer the matter to the local taxi and  limousine  commission
  for such determination.
    9.  The  responsible  persons  of  an independent livery base shall be
  personally liable for the  amount  of  any  monetary  penalties  awarded
  pursuant  to  this  subdivision.  "Responsible persons," for purposes of
  this subdivision, shall be: (a) the directors of a livery base that is a
  corporation; (b) the managers  of  a  livery  base  that  is  a  limited
  liability  company  or  its  members  if  management of a livery base is
  vested in its members; (c) the general partner or partners of  a  livery
  base  that  is  a  partnership;  (d)  all  individuals  who  directly or
  indirectly own, control or hold the power to vote ten percent or more of
  the  voting  interests  of  any  corporation,   joint   stock   company,
  partnership,  association,  trust,  limited liability company or similar
  entity that manages a livery base; and (e) the president, secretary  and
  treasurer of a livery base, regardless of its form of organization.
    10.  Failure  of  the  independent  livery base, or of its responsible
  persons, to pay any  charges  or  penalties  awarded  pursuant  to  this
  section  within twenty days of issuance of a valid order so to do, or in
  the event an appeal  has  been  taken  from  the  determination  of  the
  workers'  compensation  board, to deposit with the workers' compensation
  board within twenty days of the issuance of the determination from which
  the appeal is taken the total amount of the award as  security  for  its
  payment, shall entitle the workers' compensation board or local taxi and
  limousine  commission  to  file  with  the clerk of Albany county or the
  county where the local  taxi  and  limousine  commission  is  located  a
  certified  copy  of the determination of the workers' compensation board
  or the local taxi and limousine commission, and thereupon judgment shall
  be entered in the supreme court by the clerk of  the  county  where  the
  determination is filed immediately upon such filing. Such judgment shall
  be  entered  in  the same manner, have the same effect and be subject to
  the same proceedings as  though  rendered  in  a  suit  duly  heard  and
  determined  by  the  supreme  court,  except that no appeal may be taken
  therefrom.
    11. Within twenty days after issuance  by  the  workers'  compensation
  board  of  a  determination  adverse  to  a livery base pursuant to this
  section, an appeal may be taken therefrom to the appellate  division  of
  the supreme court, third department, by the aggrieved party.
    12. If the membership of an independent livery base in the independent
  livery  fund  is  suspended  for  failure  to pay assessments under this
  article, the livery base may make  application  for  reinstatement  only
  upon  payment of such assessments and such penalties and interest as the
  local taxi and limousine commission or workers' compensation  board  has
  imposed,  or  upon  the agreement by the base and fund to a schedule for
  such payment.
    13. Any sanction imposed under this section shall be after  notice  to
  the independent livery base and an opportunity for a hearing.