§ 486. Crane inspectors. 1. Civil penalty and enforcement. Notwithstanding any other provision of law, where it is proven, after a hearing on the merits, that a crane inspector:

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Terms Used In N.Y. General Business Law 486

  • Crane: includes but is not limited to cranes and equipment of the following types: a mobile, carrier-mounted, power-operated hoisting machine utilizing a power-operated boom which moves laterally by rotation of the machine on the carrier, tower cranes, hydraulic cranes and power-operated derricks; provided, however, that "crane" shall not include public utility company line trucks used by a public utility company in the construction and maintenance of its generation, transmission and distribution facilities. See N.Y. General Business Law 481
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

a. willfully failed to inspect a crane for which he or she filed an inspection report; or

b. willfully falsified an inspection report; or

c. willfully made material misstatements or material omissions on an inspection report; or

d. willfully accepted a bribe, regardless of its effect on his or her official duties;

such crane inspector shall be subject to a civil penalty of not less than one thousand dollars nor more than five thousand dollars for each such occurrence or transaction. The attorney general shall have jurisdiction to enforce the provisions of this subdivision.

2. Scope. The provisions of this section shall not be deemed to establish an exclusive remedy, and shall not be deemed to bar the prosecution of criminal charges in addition to any action brought pursuant to the provisions of this section.