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This entry was published on 2014-09-22
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SECTION 160-OO
Violations; penalties; appeals
Executive (EXC) CHAPTER 18, ARTICLE 6-F
§ 160-oo. Violations; penalties; appeals. 1. (a) If the secretary
believes a violation of this article by a fund member may have occurred,
the secretary shall notify the local licensing authority of such fact
and, upon notice to the fund member, a hearing shall be held by such
local licensing authority to determine whether such violation occurred.
In the absence of a local licensing authority, or if the local licensing
authority chooses not to hold such hearing, the hearing shall be held by
the secretary.

(b) If the fund believes that a central dispatch facility has failed
to pay the fund the assessments due pursuant to this article, or has
failed to pay the reimbursement due pursuant to paragraph (g) of
subdivision two of section one hundred sixty-gg of this article, it
shall make a referral to the a local licensing authority, or, in the
absence of a local licensing authority, to the department. Upon receipt
of such a referral, the local licensing authority or the department
shall be required to hold a hearing pursuant to paragraph (a) of this
subdivision.

2. Except as otherwise provided in this section, a fund member that is
found, after a hearing held pursuant to subdivision one of this section,
to have violated a provision of this article, or a rule promulgated by
the department pursuant to this article, shall be liable for a fine in
an amount not to exceed ten thousand dollars per violation.
Notwithstanding the foregoing, a fund member that fails to bill or that
collects and fails to submit to the fund the required surcharges shall
be subject, in addition to payment to the fund of the amount overdue
plus interest on such amount as herein provided, to a penalty, at the
discretion of the local licensing authority, if any, or, in the absence
of such authority, of the department, of (a) up to five thousand dollars
for each twenty days the payment is overdue, or (b) revocation of its
membership in the fund and of its certificate of registration, or (c)
both a monetary penalty and revocation of its membership in the fund and
of its certificate of registration. The rate of interest applicable
pursuant to this section shall be twelve percent per annum. Any monetary
penalty imposed pursuant to this subdivision shall be retained by the
department or the local licensing authority and be used to defray the
costs of administering this article. The responsible persons, of a
central dispatch facility that are found, after a hearing held pursuant
to subdivision one of this section, to be in default to the fund for
assessments owed pursuant to this article, shall be personally liable
for the amount of such assessments determined to be then due and
outstanding, including interest on such assessments awarded pursuant to
this subdivision, and for all monetary penalties imposed pursuant to
this subdivision.

"Responsible persons," for purposes of this subdivision, include: (i)
the directors of a central dispatch facility that is a corporation; (ii)
the managers of a central dispatch facility that is a limited liability
company or its members if management of the central dispatch facility is
vested in its members; (iii) the general partner or partners of a
central dispatch facility that is a partnership; (iv) 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 central dispatch facility; and (v) the
president, secretary and treasurer of a central dispatch facility,
regardless of its form of organization.

Failure of the central dispatch facility, or of its responsible
persons to pay any assessments or penalties awarded pursuant to this
subdivision 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
department or the local licensing authority, to deposit with the
secretary or the local licensing authority 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
secretary or the local licensing authority to file with the clerk of
Albany county a certified copy of the determination of the department or
local licensing authority, and thereupon judgment shall be entered in
the supreme court by the clerk of Albany county in conformity therewith
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.

3. Within twenty days after issuance by the department or local
licensing authority of a determination adverse to a central dispatch
facility following a hearing held pursuant to subdivision one of this
section, an appeal may be taken therefrom to the appellate division of
the supreme court, third department, by the aggrieved central dispatch
facility. The attorney general shall represent the department or the
local licensing authority thereon.