§ 141. Civil penalties. 1. If the commissioner finds that an employer
has violated any provision of this article or of a rule or regulation
promulgated thereunder, the commissioner may by an order which shall
describe particularly the nature of the violation, assess the employer a
civil penalty of not more than ten thousand dollars for the first such
violation, at least two thousand but not more than twenty-five thousand
dollars for a second violation, and at least ten thousand but not more
than fifty-five thousand dollars for a third or subsequent violation.
Such penalty shall be paid to the commissioner for deposit in the
treasury of the state. In assessing the amount of the penalty, the
commissioner shall give due consideration to the size of the employer's
business, the good faith of the employer to believe that its conduct was
in compliance with the law, the gravity of the violation, the history of
previous violations and the failure to comply with record-keeping or
other requirements, provided, however, that where such violation
involves illegal employment during which a minor is seriously injured or
dies, such penalty shall be at least three thousand dollars but not more
than thirty thousand dollars for the first such violation, at least six
thousand but not more than seventy-five thousand dollars for the second
violation, and at least thirty thousand dollars but not more than one
hundred seventy-five thousand dollars for the third or subsequent
violation. For the purposes of this subdivision, a minor shall be deemed
to be seriously injured if such injury results in a permanent partial or
permanent total disability as determined by the workers' compensation
board.

2. Any order issued under subdivision one of this section shall be
deemed a final order of the commissioner and not subject to review by
any court or agency unless the employer files a petition with the
industrial board of appeals for a review of the order, pursuant to
section one hundred one of this chapter.

3. Provided that no proceeding for administrative or judicial review
as provided in this chapter shall then be pending and the time for
initiation of such proceeding shall have expired, the commissioner may
file with the county clerk of the county where the employer resides or
has a place of business the order of the commissioner or the decision of
the industrial board of appeals containing the amount of the civil
penalty. The filing of such order or decision shall have the full force
and effect of a judgment duly docketed in the office of such clerk. The
order or decision may be enforced by and in the name of the commissioner
in the same manner, and with like effect, as that prescribed by the
civil practice law and rules for the enforcement of a money judgment.

4. The civil penalty provided for in this section shall be in addition
to and may be imposed concurrently with any other remedy or penalty
provided for in this chapter.