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This entry was published on 2014-09-22
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§ 908. Injunction. If the commissioner finds that any asbestos project
is not being performed in accordance with this article or the rules and
regulations promulgated hereunder, the commissioner may, by delivery of
notice to the contractor engaged in the asbestos project or its agent or
representative, enjoin any further work on such asbestos project. Such
notice shall specifically enumerate the violations of law or regulation
which are occurring on the asbestos project and shall prohibit any
further work on the asbestos project until the violations complained of
cease and the notice is rescinded by the commissioner. Upon receipt of a
written notification from the contractor that the violations have been
corrected, the commissioner shall, within ten days, issue a
determination as to whether the notice shall be rescinded. Any person or
contractor who may be adversely affected by a notice or determination
issued under this section may challenge the validity or applicability of
such notice or determination by commencing a proceeding pursuant to
article seventy-eight of the civil practice law and rules.