Section 345-B. Confiscation of goods

1. The commissioner may, in addition
  to seeking civil, administrative or criminal penalties pursuant to  this
  article,  order  the  special  task force to confiscate any partially or
  completely assembled articles of apparel and any equipment used  in  the
  assembly of apparel from any manufacturer or contractor who is violating
  any  provision  of this article and who has previously been found liable
  for  a  civil  or  administrative  penalty  for  two  or  more  separate
  violations  of  the  provisions  of  this article during the immediately
  preceding three-year period. Such order of  confiscation  shall  require
  that  such  articles  of  apparel  and  equipment  shall  be held in the
  premises at which such confiscation occurs and that  such  articles  and
  equipment shall be secured by any means, including the use of a padlock,
  to  render  such articles and equipment inaccessible; provided, however,
  that the commissioner shall not secure any dwelling unit or other  space
  lawfully used for residential purposes.
    2.  Such  order  of  confiscation  shall  be  posted  upon the secured
  premises and shall give notice  that  removal  of  secured  property  is
  prohibited  by  law.  Removal  of  such posted order while it remains in
  force shall be punishable by a fine of five hundred dollars. Any attempt
  to remove secured articles and equipment while  such  order  remains  in
  force  shall  be punishable by a fine not to exceed one thousand dollars
  or by imprisonment not to exceed six months or both.  The  special  task
  force  shall deliver the keys to the fee owner, lessor or lessee of such
  premises if such owner, lessor or lessee  is  not  the  manufacturer  or
  contractor who is in violation of the provisions of this article.
    3.  Such  articles  and  equipment  shall  remain  secured pursuant to
  subdivision one of this section until such order of confiscation becomes
  final  or  until  a  final  determination  of  any  appeal  pursuant  to
  subdivision four or five of this section of such order is rendered.
    4.  Within  five  days  of confiscation pursuant to subdivision one of
  this  section,  the  commissioner  shall  provide  the  manufacturer  or
  contractor  who  is  in  violation  of any provision of this article and
  whose articles of apparel  and  equipment  have  been  confiscated  with
  notification  of  such  violation  and  confiscation  by certified mail,
  return receipt requested, and with an opportunity to  request  from  the
  commissioner  by  certified  mail,  return  receipt requested, a hearing
  within fifteen days following receipt of such notice. If  a  hearing  is
  requested,  it  shall  be held within ten days following receipt of such
  request, and the commissioner may issue a final confiscation order  upon
  such  hearing  and a finding that a violation has occurred. If a hearing
  is not requested, the commissioner  shall  issue  a  final  confiscation
  order  upon  the expiration of such fifteen-day period. The manufacturer
  or contractor may appeal the final confiscation order to  the  appellate
  division  of the supreme court within thirty days following the issuance
  of such final confiscation order.
    5. Upon issuance of a final confiscation order or, if  such  order  is
  appealed,  upon  a  final  resolution upholding such order, title to the
  confiscated articles and equipment shall vest in  the  state,  and  such
  items  shall  be  sold  at auction within sixty days from the vesting of
  title. Proceeds of the auction  shall  be  applied  to  enforcement  and
  administrative  costs  of  the  special  task force. Any remaining items
  shall be disposed of pursuant to regulations issued by the commissioner.