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SECTION 189
Enforcement of provisions of this article
General Business (GBS) CHAPTER 20, ARTICLE 11
§ 189. Enforcement of provisions of this article. 1. This article,
article nineteen-B of the labor law and sections 37.01, 37.03 and 37.05
of the arts and cultural affairs law shall be enforced by the
commissioner of labor, except that in the city of New York this article
and such sections shall be enforced by the commissioner of consumer
affairs of such city. In addition to the powers of the commissioner, the
attorney general may enforce the provisions of this article to the
extent permitted under section sixty-three of the executive law.

2. To effectuate the purposes of this article, article nineteen-B of
the labor law and sections 37.01, 37.03 and 37.05 of the arts and
cultural affairs law, the commissioner or any duly authorized agent or
inspector designated by such commissioner, shall have authority to
inspect the premises, registers, contract forms, completed contracts,
statements of terms and conditions, receipt books, application forms,
referral forms, reference forms, reference reports and financial records
of fees charged and refunds made of each employment agency, and any
other record that the employment agency is required to maintain pursuant
to this article, which are essential to the operation of such agency,
and of each applicant for an employment agency license, as frequently as
necessary to ensure compliance with this article and such sections. In
no event shall any employment agency be inspected less frequently than
once every eighteen months. Inspections may consist of in-person visits
to employment agencies or the review of records as described in this
subdivision or both. The commissioner shall also have authority to
subpoena records and witnesses or otherwise to conduct investigations of
any employer or other person where he or she has reasonable grounds for
believing that such employer or person is violating or has conspired or
is conspiring with an employment agency to violate this article or such
sections.

3. To effectuate the purposes of this article, the commissioner may
make reasonable administrative rules within the standards set in this
article. Before such rules shall be issued, the commissioner shall
conduct a public hearing, giving due notice thereof to all interested
parties. No rule shall become effective until fifteen days after it has
been filed in the office of the department of state, if it is a rule of
the industrial commissioner, or in the office of the clerk of the city
of New York, if it is a rule of the commissioner of licenses of such
city, and copies thereof shall be furnished to all employment agencies
affected at least fifteen days prior to the effective date of such rule.

4. Complaints against any such licensed or unlicensed person may be
made orally or in writing to the commissioner, or be sent in an
affidavit form without appearing in person, and may be made by
recognized employment agencies, trade associations, or others. The
commissioner may hold a hearing on a complaint with the powers provided
by section one hundred seventy-four of this article. If a hearing is
held, reasonable notice thereof, not less than five days, shall be given
in writing to said person by serving upon the person either personally,
by mail, or by leaving the same with the person in charge of his office,
a concise statement of the facts constituting the complaint, and the
hearing shall commence before the commissioner with reasonable speed but
in no event later than two weeks from the date of the filing of the
complaint. The commissioner when investigating any matters pertaining to
the granting, issuing, transferring, renewing, revoking, suspending or
cancelling of any license is authorized in his discretion to take such
testimony as may be necessary on which to base official action. When
taking such testimony he may subpoena witnesses and also direct the
production before him of necessary and material books and papers. A
daily calendar of all hearings shall be kept by the commissioner and
shall be posted in a conspicuous place in his public office for at least
one day before the date of such hearings. The commissioner shall render
his decision within thirty days from the time the matter is finally
submitted to him. The commissioner shall keep a record of all such
complaints and hearings. The office of new Americans shall, pursuant to
section ninety-four-b of the executive law, receive complaints and where
appropriate refer such complaints to the attorney general or other
federal, state or local agency authorized by law to take action on such
complaint.

5. Upon a finding that the licensed person or his agent, employee or
anyone acting on his behalf is guilty of violating any provision of this
article or is not a person of good character and responsibility, the
commissioner may suspend or revoke the license of such licensed person.
Any employment agency found to have violated any provision of this
article shall be subject, for the first offense, to a civil penalty not
to exceed one thousand dollars per violation, and, for each subsequent
offense within six years of such previous offense, to a civil penalty,
not to exceed five thousand dollars per violation. Upon notice of
violation of this article or when it is determined that there has been a
violation of this article by an employment agency, the commissioner may
provide the employment agency with a specific time period for such
employment agency to cure or correct such violation or take other
ameliorative action as directed by the commissioner, the successful
completion of which shall prevent the imposition of penalties on the
employment agency for such violation. Whenever such commissioner shall
suspend or revoke the license of any employment agency, or shall levy a
fine against any agency, said determination shall be subject to judicial
review in proceedings brought pursuant to article seventy-eight of the
civil practice law and rules. Whenever an employment agency's license is
revoked, another license or agency manager permit shall not be issued
within three years from the date of such revocation to said licensed
person or his agency manager or to any person with whom the licensee has
been associated in the business of furnishing employment or engagements.
Deputy commissioners, or other officials designated to act on behalf of
the commissioner, may conduct hearings and act upon applications for
licenses, and revoke or suspend such licenses, or levy fines against an
employment agency.

6. If any provisions of this article or the application thereof to any
person or circumstances is held unconstitutional, the remainder of the
article and the application of that provision to other persons and
circumstances shall not be affected thereby.