N.Y. Labor Law 955 – Powers of the commissioner
§ 955. Powers of the commissioner. 1. The commissioner shall have the authority to inspect, or cause to be inspected, ongoing or completed conveyance projects and to conduct an investigation thereof upon the commissioner's own initiation or upon receipt of a complaint by any person or entity. However, nothing in this subdivision shall permit the commissioner to enter a private residence.
Terms Used In N.Y. Labor Law 955
- Board: means the New York state elevator safety and standards advisory board established by section nine hundred fifty-six of this article. See N.Y. Labor Law 951
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Elevator: means a hoisting and lowering mechanism, equipped with a car, that moves within guides and serves two or more landings. See N.Y. Labor Law 951
- Fraud: Intentional deception resulting in injury to another.
- 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.
- License: means a credential duly issued by the commissioner authorizing the holder to engage a business or an occupation whose scope includes accessibility lift work, or elevator and conveyance work, or elevator and conveyance inspections. See N.Y. Labor Law 951
- Person: means any natural person. See N.Y. Labor Law 951
- Private residence: means a separate dwelling or a separate apartment in a multiple dwelling, which is occupied by members of a single family unit. See N.Y. Labor Law 951
2. If, upon receipt of a complaint alleging a violation of this article, the commissioner reasonably believes that such violation exists, he or she shall investigate as soon as practicable to determine if such violation exists. If the commissioner determines that no violation or danger exists, the commissioner shall inform the complaining person or entity. If, upon investigation, the commissioner determines that the alleged violation exists, the commissioner may deem such violation to create a dangerous condition for purposes of section two hundred of this chapter only and may issue a notice thereunder prohibiting further work.
3. The commissioner may, after a notice and hearing, suspend or revoke a license issued under this article based on any of the following violations:
(a) any false statement as to a material matter in the application;
(b) fraud, or misrepresentation, in securing a license;
(c) failure to notify the commissioner and the owner or lessee of a conveyance of any condition not in compliance with this article;
(d) a violation of section nine hundred fifty-two of this article; or
(e) a finding by the commissioner that a license holder has violated this article or any rule or regulation promulgated thereunder twice within a period of three years, or that a license holder has violated a provision of this article and such violation resulted in a serious threat to the health or safety of an individual or individuals. The commissioner may, in addition to ordering that such license be revoked, bar such license holder from being eligible to reapply for such license, or any other license under this article, for a period not to exceed two years.
4. (a) Except as provided in paragraph (b) of this subdivision, if the commissioner finds, after notice and hearing, that an individual has violated any provision of this article, he or she may impose a civil penalty not to exceed one thousand dollars for each such violation. Upon a second or subsequent violation within three years of the determination of a prior violation, the commissioner may impose a civil penalty not to exceed two thousand dollars.
(b) The penalty provided for in paragraph (a) of this subdivision may be increased to an amount not to exceed five thousand dollars if the violation resulted in a serious threat to the health or safety of an individual or individuals provided, however, that such penalty may be increased to an amount not to exceed twenty-five thousand dollars if the violation resulted in the death of any individual or individuals.
5. The commissioner may bring an action in a court of competent jurisdiction to enjoin any conduct that violates the provisions of this article.
6. The board shall examine the various state and local requirements and industry standards and practices with respect to elevator inspections in this state and shall provide recommendations to the commissioner for coordinating existing state, local, and private inspections to ensure that elevators are being inspected by licensed inspectors.
7. The commissioner may promulgate rules and regulations necessary to carry out and effectuate the provisions of this article.