(a) revoke the livery base's authorization as an independent livery
base for a period of up to five years;
(b) impose a civil penalty of up to ten thousand dollars; and/or
(c) refer the independent livery base to the local taxi and limousine
commission for such additional sanction as it may impose under its rules
and regulations.
3. Any independent livery base which has been found on two separate
occasions, under subdivision two of this section, to have made a
materially false statement in its certification shall be permanently
barred from acting as an independent livery base.
4. If an independent livery base fails to submit to the independent
livery driver benefit fund any required charge, the workers'
compensation board or local taxi and limousine commission may order that
it pay into the fund, upon application of the fund and following notice
to the independent livery base (a) the amount overdue plus interest on
such amount, and/or (b) a penalty of up to five hundred dollars for each
thirty days after notice is given that the payment is overdue. The
workers' compensation board or local taxi and limousine commission may
suspend or revoke such livery base's authorization to act as an
independent livery base for failure to make such payment. The rate of
interest applicable to this subdivision shall be twelve percent per
annum. Any monetary penalty imposed pursuant to this subdivision shall
be retained by the workers' compensation board and be used to defray the
costs of administering this article.
5. If the workers' compensation board or local taxi and limousine
commission determines that any independent livery base has made any
material misrepresentations, or temporarily altered the affiliation of
any livery, livery driver or livery registrant, for the purpose of
reducing its payments into the fund, the workers' compensation board or
local taxi and limousine commission may suspend the livery base's
membership in the fund for a period of up to two years, and may impose a
penalty of up to five thousand dollars.
6. If the workers' compensation board or local taxi and limousine
commission determines that any independent livery base has coerced any
livery driver into making false statements or refraining from reporting
any violations of this article, the workers' compensation board or local
taxi and limousine commission may suspend the livery base's membership
in the fund for a period of up to two years, and may impose a penalty of
up to five thousand dollars.
7. Except as otherwise provided in this section, a livery base that is
found to have violated a provision of this article or a rule promulgated
by the workers' compensation board or local taxi and limousine
commission pursuant to this article shall be liable for a fine in an
amount not to exceed five thousand dollars per violation.
8. If the fund has reason to believe a violation of this article by a
fund member may have occurred, the fund shall notify the workers'
compensation board. Upon receipt of such a referral, the workers'
compensation board shall hold a hearing to determine the validity of the
charge, or refer the matter to the local taxi and limousine commission
for such determination.
9. The responsible persons of an independent livery base shall be
personally liable for the amount of any monetary penalties awarded
pursuant to this subdivision. "Responsible persons," for purposes of
this subdivision, shall be: (a) the directors of a livery base that is a
corporation; (b) the managers of a livery base that is a limited
liability company or its members if management of a livery base is
vested in its members; (c) the general partner or partners of a livery
base that is a partnership; (d) 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 livery base; and (e) the president, secretary and
treasurer of a livery base, regardless of its form of organization.
10. Failure of the independent livery base, or of its responsible
persons, to pay any charges or penalties awarded pursuant to this
section 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
workers' compensation board, to deposit with the workers' compensation
board 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 workers' compensation board or local taxi and
limousine commission to file with the clerk of Albany county or the
county where the local taxi and limousine commission is located a
certified copy of the determination of the workers' compensation board
or the local taxi and limousine commission, and thereupon judgment shall
be entered in the supreme court by the clerk of the county where the
determination is filed 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.
11. Within twenty days after issuance by the workers' compensation
board of a determination adverse to a livery base pursuant to this
section, an appeal may be taken therefrom to the appellate division of
the supreme court, third department, by the aggrieved party.
12. If the membership of an independent livery base in the independent
livery fund is suspended for failure to pay assessments under this
article, the livery base may make application for reinstatement only
upon payment of such assessments and such penalties and interest as the
local taxi and limousine commission or workers' compensation board has
imposed, or upon the agreement by the base and fund to a schedule for
such payment.
13. Any sanction imposed under this section shall be after notice to
the independent livery base and an opportunity for a hearing.