Section 160-OO. Violations; penalties; appeals

1. (a) If the secretary
  believes a violation of this article by a fund member may have occurred,
  the secretary shall notify the local licensing authority  of  such  fact
  and,  upon  notice  to  the fund member, a hearing shall be held by such
  local licensing authority to determine whether such violation  occurred.
  In the absence of a local licensing authority, or if the local licensing
  authority chooses not to hold such hearing, the hearing shall be held by
  the secretary.
    (b)  If  the fund believes that a central dispatch facility has failed
  to pay the fund the assessments due pursuant to  this  article,  or  has
  failed  to  pay  the  reimbursement  due  pursuant  to  paragraph (g) of
  subdivision two of section one hundred  sixty-gg  of  this  article,  it
  shall  make  a  referral  to the a local licensing authority, or, in the
  absence of a local licensing authority, to the department. Upon  receipt
  of  such  a  referral,  the  local licensing authority or the department
  shall be required to hold a hearing pursuant to paragraph  (a)  of  this
  subdivision.
    2. Except as otherwise provided in this section, a fund member that is
  found, after a hearing held pursuant to subdivision one of this section,
  to  have  violated a provision of this article, or a rule promulgated by
  the department pursuant to this article, shall be liable for a  fine  in
  an   amount   not   to   exceed  ten  thousand  dollars  per  violation.
  Notwithstanding the foregoing, a fund member that fails to bill or  that
  collects  and  fails to submit to the fund the required surcharges shall
  be subject, in addition to payment to the fund  of  the  amount  overdue
  plus  interest  on  such amount as herein provided, to a penalty, at the
  discretion of the local licensing authority, if any, or, in the  absence
  of such authority, of the department, of (a) up to five thousand dollars
  for  each  twenty  days the payment is overdue, or (b) revocation of its
  membership in the fund and of its certificate of  registration,  or  (c)
  both a monetary penalty and revocation of its membership in the fund and
  of  its  certificate  of  registration.  The rate of interest applicable
  pursuant to this section shall be twelve percent per annum. Any monetary
  penalty imposed pursuant to this subdivision shall be  retained  by  the
  department  or  the  local licensing authority and be used to defray the
  costs of administering this  article.  The  responsible  persons,  of  a
  central  dispatch facility that are found, after a hearing held pursuant
  to subdivision one of this section, to be in default  to  the  fund  for
  assessments  owed  pursuant  to this article, shall be personally liable
  for the amount of  such  assessments  determined  to  be  then  due  and
  outstanding,  including interest on such assessments awarded pursuant to
  this subdivision, and for all monetary  penalties  imposed  pursuant  to
  this subdivision.
    "Responsible  persons," for purposes of this subdivision, include: (i)
  the directors of a central dispatch facility that is a corporation; (ii)
  the managers of a central dispatch facility that is a limited  liability
  company or its members if management of the central dispatch facility is
  vested  in  its  members;  (iii)  the  general  partner or partners of a
  central dispatch facility that is a partnership;  (iv)  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 central dispatch  facility;  and  (v)  the
  president,  secretary  and  treasurer  of  a  central dispatch facility,
  regardless of its form of organization.
    Failure of the  central  dispatch  facility,  or  of  its  responsible
  persons  to  pay  any  assessments or penalties awarded pursuant to this
  subdivision 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
  department  or  the  local  licensing  authority,  to  deposit  with the
  secretary or the local licensing authority 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
  secretary  or  the  local  licensing authority to file with the clerk of
  Albany county a certified copy of the determination of the department or
  local licensing authority, and thereupon judgment shall  be  entered  in
  the  supreme court by the clerk of Albany county in conformity therewith
  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.
    3. Within twenty days  after  issuance  by  the  department  or  local
  licensing  authority  of  a  determination adverse to a central dispatch
  facility following a hearing held pursuant to subdivision  one  of  this
  section,  an  appeal may be taken therefrom to the appellate division of
  the supreme court, third department, by the aggrieved  central  dispatch
  facility.  The  attorney  general  shall represent the department or the
  local licensing authority thereon.