Section 344. Powers

Notwithstanding  any  other  state  or  local law or
  regulation to the contrary,  the  special  task  force  shall  have  the
  following   powers:  1.  To  inspect  books,  records  and  premises  of
  manufacturers  and  contractors,  with  respect  to   their   respective
  production   employees,  to  determine  compliance  with  this  chapter,
  including but not  limited  to,  minimum  wage,  overtime  compensation,
  unemployment  insurance  coverage,  child  labor and industrial homework
  and, if the  special  task  force  determines  that  a  manufacturer  or
  contractor  has  violated  any provision of this chapter with respect to
  its production employees, to  assess  and  collect,  on  behalf  of  the
  commissioner,  an  administrative  penalty.  If  the  violation  is of a
  provision of this chapter for which the assessment and collection of  an
  administrative  penalty  is  not  otherwise authorized, the special task
  force may assess and collect a  penalty  of  up  to  two  hundred  fifty
  dollars  for  a  first violation and up to five hundred dollars for each
  subsequent violation. No  penalty  shall  be  levied  pursuant  to  this
  subdivision  unless  the  commissioner  shall  provide the violator with
  notification of such violation and of the amount of such  administrative
  penalty  by  certified mail and with an opportunity to request a hearing
  within fifteen days following the receipt of such notice. If  a  hearing
  is requested, the commissioner may issue a final order upon such hearing
  and a finding that a violation has occurred. If no hearing is requested,
  such  notice  shall  become  a  final  order  upon the expiration of the
  fifteen-day period. Payment of such administrative penalty is due when a
  final order is issued or when the notice  becomes  a  final  order.  Any
  penalty imposed pursuant to this subdivision may be recovered with costs
  upon  an  appeal to the appellate division of the supreme court pursuant
  to article seventy-eight of the civil practice law and rules and upon  a
  final  determination  that the finding by the commissioner was in error.
  Any penalty paid pursuant  to  this  subdivision  shall  be  applied  to
  enforcement and administrative costs of the special task force;
    2.  When  in  the  course  of  inspections pursuant to subdivision one
  above:    (a)  To  inspect  books  and  records  of  manufacturers   and
  contractors,  with  respect  to  their  respective production employees,
  concerning the deduction and remittance to the proper authorities of all
  federal, state and local payroll taxes and to refer to  the  appropriate
  authorities  any  instance in which there is reasonable cause to believe
  that the payment of federal, state and  local  payroll  taxes  is  being
  evaded; and
    (b) To inspect premises of manufacturers and contractors, with respect
  to  their  respective production employees, to determine compliance with
  concerning state or local building codes, state  or  local  fire  codes,
  laws or regulations and state or local health codes, laws or regulations
  and  to refer to the appropriate authorities any instance in which there
  is reasonable cause to believe that a violation of such codes,  laws  or
  regulations  exists;  and to immediately evacuate and close any premises
  deemed by a special task force investigator trained in  accordance  with
  section  three  hundred forty-six of this article to recognize fire code
  violations, to be a serious violation of the applicable fire  code;  and
  to   refer   such   violation   immediately  to  the  appropriate  local
  authorities; and
    (c) To take action authorized by this article necessary  to  implement
  its provisions.