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This entry was published on 2022-01-07
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SECTION 955
Powers of the commissioner
Labor (LAB) CHAPTER 31, ARTICLE 33
§ 955. Powers of the commissioner. 1. The commissioner shall have the
authority to inspect, or cause to be inspected, ongoing or completed
conveyance projects and to conduct an investigation thereof upon the
commissioner's own initiation or upon receipt of a complaint by any
person or entity. However, nothing in this subdivision shall permit the
commissioner to enter a private residence.

2. If, upon receipt of a complaint alleging a violation of this
article, the commissioner reasonably believes that such violation
exists, he or she shall investigate as soon as practicable to determine
if such violation exists. If the commissioner determines that no
violation or danger exists, the commissioner shall inform the
complaining person or entity. If, upon investigation, the commissioner
determines that the alleged violation exists, the commissioner may deem
such violation to create a dangerous condition for purposes of section
two hundred of this chapter only and may issue a notice thereunder
prohibiting further work.

3. The commissioner may, after a notice and hearing, suspend or revoke
a license issued under this article based on any of the following
violations:

(a) any false statement as to a material matter in the application;

(b) fraud, or misrepresentation, in securing a license;

(c) failure to notify the commissioner and the owner or lessee of a
conveyance of any condition not in compliance with this article;

(d) a violation of section nine hundred fifty-two of this article; or

(e) a finding by the commissioner that a license holder has violated
this article or any rule or regulation promulgated thereunder twice
within a period of three years, or that a license holder has violated a
provision of this article and such violation resulted in a serious
threat to the health or safety of an individual or individuals. The
commissioner may, in addition to ordering that such license be revoked,
bar such license holder from being eligible to reapply for such license,
or any other license under this article, for a period not to exceed two
years.

4. (a) Except as provided in paragraph (b) of this subdivision, if the
commissioner finds, after notice and hearing, that an individual has
violated any provision of this article, he or she may impose a civil
penalty not to exceed one thousand dollars for each such violation. Upon
a second or subsequent violation within three years of the determination
of a prior violation, the commissioner may impose a civil penalty not to
exceed two thousand dollars.

(b) The penalty provided for in paragraph (a) of this subdivision may
be increased to an amount not to exceed five thousand dollars if the
violation resulted in a serious threat to the health or safety of an
individual or individuals provided, however, that such penalty may be
increased to an amount not to exceed twenty-five thousand dollars if the
violation resulted in the death of any individual or individuals.

5. The commissioner may bring an action in a court of competent
jurisdiction to enjoin any conduct that violates the provisions of this
article.

6. The board shall examine the various state and local requirements
and industry standards and practices with respect to elevator
inspections in this state and shall provide recommendations to the
commissioner for coordinating existing state, local, and private
inspections to ensure that elevators are being inspected by licensed
inspectors.

7. The commissioner may promulgate rules and regulations necessary to
carry out and effectuate the provisions of this article.