* § 955. Powers of the commissioner. 1. The commissioner shall have\nthe authority to inspect, or cause to be inspected, ongoing or completed\nconveyances projects and to conduct an investigation thereof upon the\ncommissioner's own initiation or upon receipt of a complaint by any\nperson or entity. However, nothing in this subdivision shall permit the\ncommissioner to enter a private residence.\n 2. If, upon receipt of a complaint alleging a violation of this\narticle, the commissioner reasonably believes that such violation\nexists, he or she shall investigate as soon as practicable to determine\nif such violation exists. If the commissioner determines that no\nviolation or danger exists, the commissioner shall inform the\ncomplaining person or entity.\n 3. If, upon investigation, the commissioner determines that the\nalleged violation exists, the commissioner may deliver to such owner or\nelevator contractor or his or her agent or representative a written\norder to cure such violation and may order that their permit to work on\nsuch installation, repair or maintenance project shall be suspended\nuntil such violation is cured. Such order shall specifically enumerate\nthe violations which constitute the basis of the order to cure or order\nof suspension and shall specify the corrective action to be taken. The\ncommissioner may allow the permit to toll during the time of such order.\n 4. Upon receipt of a written notice from the elevator contractor, or\nhis or her agent or representative, that such violation has been\ncorrected, the commissioner shall, within ten days, issue a\ndetermination as to whether such order to cure has been satisfied and\nsuch order of suspension, if any, shall be lifted. If the commissioner\ndetermines that the order to cure has not been satisfied he or she may\ncontinue such order for a reasonable period of time upon the consent of\nthe contractor, or his or her agent or representative. If the\ncommissioner does not continue the order, or if the contractor, or his\nor her agent or representative does not consent to such continuation,\nthe contractor shall have the right to a hearing to determine if such\norder shall be lifted. Any entity or contractor who may be adversely\naffected by a notice, suspension, or determination issued under this\nsection may commence a proceeding pursuant to article seventy-eight of\nthe civil practice law and rules.\n 5. The commissioner may, after a notice and hearing, suspend or revoke\na license issued under this article based on any of the following\nviolations:\n (a) any false statement as to a material matter in the application;\n (b) fraud, or misrepresentation, in securing a license;\n (c) failure to notify the commissioner and the owner or lessee of a\nconveyance of any condition not in compliance with this article;\n (d) a violation of section nine hundred fifty-two of this article; or\n (e) a finding by the commissioner that a contractor has violated this\narticle or any rule or regulation promulgated thereunder twice within a\nperiod of three years, or that a contractor has violated a provision of\nthis article and such violation resulted in a serious threat to the\nhealth or safety of an individual or individuals. The commissioner may,\nin addition to ordering that such contractor's license be revoked, bar\nsuch individual from being eligible to reapply for such license for a\nperiod not to exceed two years.\n 6. The commissioner may, after notice and hearing, revoke a permit\nissued under this article based on any of the following violations:\n (a) any false statements or misrepresentation as to a material fact in\nthe application, plans, or specifications on which the permit was based;\n (b) any application which by omission or mistake fails to comply with\nthe requirements of this article;\n (c) any failure to perform work in accordance with the provisions of\nthe application, plans or specifications or with the requirements of\nthis article or conditions of the permit;\n (d) a failure by the owner or elevator contractor to whom the permit\nwas issued to comply with an order issued pursuant to subdivision four\nof this section; or\n (e) a finding by the commissioner that an individual or contractor who\nhas been issued a permit has violated any provision under section nine\nhundred fifty-two of this article.\n 7. (a) Except as provided in paragraph (b) of this subdivision, if the\ncommissioner finds, after notice and hearing, that an individual has\nviolated any provision of this article, he or she may impose a civil\npenalty not to exceed one thousand dollars for each such violation. Upon\na second or subsequent violation within three years of the determination\nof a prior violation, the commissioner may impose a civil penalty not to\nexceed two thousand dollars.\n (b) The penalty provided for in paragraph (a) of this subdivision may\nbe increased to an amount not to exceed five thousand dollars if the\nviolation resulted in a serious threat to the health or safety of an\nindividual or individuals.\n 8. Any entity or contractor who may be adversely affected by an order\nissued under this section may commence a proceeding pursuant to article\nseventy-eight of the civil practice law and rules.\n 9. The commissioner may bring an action in a court of competent\njurisdiction to enjoin any conduct that violates the provisions of this\narticle.\n 10. The commissioner may promulgate rules and regulations necessary to\ncarry out and effectuate the provisions of this article.\n * NB Effective and Repealed January 1, 2022\n * § 955. Powers of the commissioner. 1. The commissioner shall have\nthe authority to inspect, or cause to be inspected, ongoing or completed\nconveyance projects and to conduct an investigation thereof upon the\ncommissioner's own initiation or upon receipt of a complaint by any\nperson or entity. However, nothing in this subdivision shall permit the\ncommissioner to enter a private residence.\n 2. If, upon receipt of a complaint alleging a violation of this\narticle, the commissioner reasonably believes that such violation\nexists, he or she shall investigate as soon as practicable to determine\nif such violation exists. If the commissioner determines that no\nviolation or danger exists, the commissioner shall inform the\ncomplaining person or entity. If, upon investigation, the commissioner\ndetermines that the alleged violation exists, the commissioner may deem\nsuch violation to create a dangerous condition for purposes of section\ntwo hundred of this chapter only and may issue a notice thereunder\nprohibiting further work.\n 3. The commissioner may, after a notice and hearing, suspend or revoke\na license issued under this article based on any of the following\nviolations:\n (a) any false statement as to a material matter in the application;\n (b) fraud, or misrepresentation, in securing a license;\n (c) failure to notify the commissioner and the owner or lessee of a\nconveyance of any condition not in compliance with this article;\n (d) a violation of section nine hundred fifty-two of this article; or\n (e) a finding by the commissioner that a license holder has violated\nthis article or any rule or regulation promulgated thereunder twice\nwithin a period of three years, or that a license holder has violated a\nprovision of this article and such violation resulted in a serious\nthreat to the health or safety of an individual or individuals. The\ncommissioner may, in addition to ordering that such license be revoked,\nbar such license holder from being eligible to reapply for such license,\nor any other license under this article, for a period not to exceed two\nyears.\n 4. (a) Except as provided in paragraph (b) of this subdivision, if the\ncommissioner finds, after notice and hearing, that an individual has\nviolated any provision of this article, he or she may impose a civil\npenalty not to exceed one thousand dollars for each such violation. Upon\na second or subsequent violation within three years of the determination\nof a prior violation, the commissioner may impose a civil penalty not to\nexceed two thousand dollars.\n (b) The penalty provided for in paragraph (a) of this subdivision may\nbe increased to an amount not to exceed five thousand dollars if the\nviolation resulted in a serious threat to the health or safety of an\nindividual or individuals provided, however, that such penalty may be\nincreased to an amount not to exceed twenty-five thousand dollars if the\nviolation resulted in the death of any individual or individuals.\n 5. The commissioner may bring an action in a court of competent\njurisdiction to enjoin any conduct that violates the provisions of this\narticle.\n 6. The board shall examine the various state and local requirements\nand industry standards and practices with respect to elevator\ninspections in this state and shall provide recommendations to the\ncommissioner for coordinating existing state, local, and private\ninspections to ensure that elevators are being inspected by licensed\ninspectors.\n 7. The commissioner may promulgate rules and regulations necessary to\ncarry out and effectuate the provisions of this article.\n * NB Effective January 1, 2022\n
§ 955. Powers of the commissioner. 1. The commissioner shall have the\nauthority to inspect, or cause to be inspected, ongoing or completed\nconveyance projects and to conduct an investigation thereof upon the\ncommissioner's own initiation or upon receipt of a complaint by any\nperson or entity. However, nothing in this subdivision shall permit the\ncommissioner to enter a private residence.\n 2. If, upon receipt of a complaint alleging a violation of this\narticle, the commissioner reasonably believes that such violation\nexists, he or she shall investigate as soon as practicable to determine\nif such violation exists. If the commissioner determines that no\nviolation or danger exists, the commissioner shall inform the\ncomplaining person or entity. If, upon investigation, the commissioner\ndetermines that the alleged violation exists, the commissioner may deem\nsuch violation to create a dangerous condition for purposes of section\ntwo hundred of this chapter only and may issue a notice thereunder\nprohibiting further work.\n 3. The commissioner may, after a notice and hearing, suspend or revoke\na license issued under this article based on any of the following\nviolations:\n (a) any false statement as to a material matter in the application;\n (b) fraud, or misrepresentation, in securing a license;\n (c) failure to notify the commissioner and the owner or lessee of a\nconveyance of any condition not in compliance with this article;\n (d) a violation of section nine hundred fifty-two of this article; or\n (e) a finding by the commissioner that a license holder has violated\nthis article or any rule or regulation promulgated thereunder twice\nwithin a period of three years, or that a license holder has violated a\nprovision of this article and such violation resulted in a serious\nthreat to the health or safety of an individual or individuals. The\ncommissioner may, in addition to ordering that such license be revoked,\nbar such license holder from being eligible to reapply for such license,\nor any other license under this article, for a period not to exceed two\nyears.\n 4. (a) Except as provided in paragraph (b) of this subdivision, if the\ncommissioner finds, after notice and hearing, that an individual has\nviolated any provision of this article, such commissioner may impose a\ncivil penalty not to exceed ten thousand dollars for each such\nviolation. The commissioner may impose civil penalties on a contractor\nor any party that employs or otherwise utilizes unlicensed mechanics.\nUpon a second or subsequent violation within three years of the\ndetermination of a prior violation, the commissioner may impose a civil\npenalty not to exceed twenty thousand dollars per violation. The\ncommissioner shall submit a quarterly report to the board on violations\nfound pursuant to this subdivision.\n (b) The penalty provided for in paragraph (a) of this subdivision may\nbe increased to an amount not to exceed five thousand dollars if the\nviolation resulted in a serious threat to the health or safety of an\nindividual or individuals provided, however, that such penalty may be\nincreased to an amount not to exceed twenty-five thousand dollars if the\nviolation resulted in the death of any individual or individuals.\n 5. The commissioner may bring an action in a court of competent\njurisdiction to enjoin any conduct that violates the provisions of this\narticle.\n 6. The board shall examine the various state and local requirements\nand industry standards and practices with respect to elevator\ninspections in this state and shall provide recommendations to the\ncommissioner for coordinating existing state, local, and private\ninspections to ensure that elevators are being inspected by licensed\ninspectors.\n 7. The commissioner may promulgate rules and regulations necessary to\ncarry out and effectuate the provisions of this article.\n
