N.Y. Gen. Bus. Law § 189

§ 189. Enforcement of provisions of this article. 1. This article,\narticle nineteen-B of the labor law and sections 37.01, 37.03 and 37.05\nof the arts and cultural affairs law shall be enforced by the\ncommissioner of labor, except that in the city of New York this article\nand such sections shall be enforced by the commissioner of consumer\naffairs of such city.\n 2. To effectuate the purposes of this article, article nineteen-B of\nthe labor law and sections 37.01, 37.03 and 37.05 of the arts and\ncultural affairs law, the commissioner or any duly authorized agent or\ninspector designated by such commissioner, shall have authority to\ninspect the premises, registers, contract forms, receipt books,\napplication forms, referral forms, reference forms, reference reports\nand financial records of fees charged and refunds made of each\nemployment agency, which are essential to the operation of such agency,\nand of each applicant for an employment agency license, as frequently as\nnecessary to ensure compliance with this article and such sections; but\nin no event shall any employment agency be inspected less frequently\nthan once every eighteen months. The commissioner shall also have\nauthority to subpoena records and witnesses or otherwise to conduct\ninvestigations of any employer or other person where he or she has\nreasonable grounds for believing that such employer or person is\nviolating or has conspired or is conspiring with an employment agency to\nviolate this article or such sections.\n 3. To effectuate the purposes of this article, the commissioner may\nmake reasonable administrative rules within the standards set in this\narticle. Before such rules shall be issued, the commissioner shall\nconduct a public hearing, giving due notice thereof to all interested\nparties. No rule shall become effective until fifteen days after it has\nbeen filed in the office of the department of state, if it is a rule of\nthe industrial commissioner, or in the office of the clerk of the city\nof New York, if it is a rule of the commissioner of licenses of such\ncity, and copies thereof shall be furnished to all employment agencies\naffected at least fifteen days prior to the effective date of such rule.\n 4. Complaints against any such licensed person shall be made orally or\nin writing to the commissioner, or be sent in an affidavit form without\nappearing in person, and may be made by recognized employment agencies,\ntrade associations, or others. The commissioner may hold a hearing on a\ncomplaint with the powers provided by section one hundred seventy-four\nof this article. If a hearing is held, reasonable notice thereof, not\nless than five days, shall be given in writing to said licensed person\nby serving upon the licensed person either personally, by mail, or by\nleaving the same with the person in charge of his office, a concise\nstatement of the facts constituting the complaint, and the hearing shall\ncommence before the commissioner with reasonable speed but in no event\nlater than two weeks from the date of the filing of the complaint. The\ncommissioner when investigating any matters pertaining to the granting,\nissuing, transferring, renewing, revoking, suspending or cancelling of\nany license is authorized in his discretion to take such testimony as\nmay be necessary on which to base official action. When taking such\ntestimony he may subpoena witnesses and also direct the production\nbefore him of necessary and material books and papers. A daily calendar\nof all hearings shall be kept by the commissioner and shall be posted in\na conspicuous place in his public office for at least one day before the\ndate of such hearings. The commissioner shall render his decision within\nthirty days from the time the matter is finally submitted to him. The\ncommissioner shall keep a record of all such complaints and hearings.\n 5. Following such hearing if it has been shown that the licensed\nperson or his agent, employee or anyone acting on his behalf is guilty\nof violating any provision of this article or is not a person of good\ncharacter and responsibility, the commissioner may suspend or revoke the\nlicense of such licensed person and/or levy a fine against such licensed\nperson for each violation not to exceed five hundred dollars. Whenever\nsuch commissioner shall suspend or revoke the license of any employment\nagency, or shall levy a fine against such agency, said determination\nshall be subject to judicial review in proceedings brought pursuant to\narticle seventy-eight of the civil practice law and rules. Whenever such\nlicense is revoked, another license or agency manager permit shall not\nbe issued within three years from the date of such revocation to said\nlicensed person or his agency manager or to any person with whom the\nlicensee has been associated in the business of furnishing employment or\nengagements. Deputy commissioners, or other officials designated to act\non behalf of the commissioner, may conduct hearings and act upon\napplications for licenses, and revoke or suspend such licenses, or levy\nfines.\n