Section 348. Powers of commissioner; surety bond; civil and criminal penalties

1. If an order has been issued by the  commissioner  pursuant
  to  section two hundred eighteen or two hundred nineteen of this chapter
  within the previous five years to any person engaged as an  employer  in
  the  apparel industry directing compliance with any provision of article
  six or nineteen of this chapter and such order has not been  revoked  or
  annulled  on  review and the time for review has expired, or if it shall
  appear to the commissioner that any person engaged as an employer or  as
  an  agent or officer of a corporate employer in the apparel industry has
  within the previous five years been convicted  of  a  violation  of  any
  provision  of  article  six  or nineteen of this chapter, or if it shall
  appear that any person engaged as an employer in  the  apparel  industry
  has  within  the  previous  five  years failed to comply within the time
  specified by law with an order issued by the commissioner to comply with
  the registration requirements of  this  article,  the  commissioner  may
  demand that such employer deposit with him a surety bond either in a sum
  equal to his annual payroll, as determined by the commissioner or in the
  discretion  of  the commissioner, in the  sum of fifty thousand dollars.
  Such bond shall be payable to the commissioner and shall be  conditioned
  that  the  employer  and the officers thereof will, for a period of five
  years, maintain full compliance with this article and articles  six  and
  nineteen  of  this  chapter,  and  shall be further conditioned upon the
  payment by the employer of all judgments which may be recovered  against
  him pursuant to the provisions of this chapter. If within ten days after
  demand  for such bond, which demand shall be either personally served or
  made by certified mail directed to the residence or last known  business
  address  of  the employer, such employer shall fail to deposit the same,
  the employer shall be thereafter liable  for  a  civil  penalty  of  one
  thousand  dollars  per day until the furnishing of the bond or cessation
  of business by the employer, which civil penalty shall be payable to the
  commissioner. The commissioner may bring  an  action  in  any  court  of
  appropriate jurisdiction to compel the employer and the officers thereof
  to furnish such a bond and to recover all civil penalties accrued.
    2. Every person engaged as an employer, or any officer or agent of any
  corporation  in  the apparel industry who knowingly fails to comply with
  an order issued under subdivision one of this section shall be guilty of
  a misdemeanor and upon conviction therefor shall be fined not less  than
  one  hundred  nor  more  than ten thousand dollars or imprisoned for not
  more than one year or punished by both such a fine and imprisonment  for
  each such offense.