Section 909. Civil penalties and revocation

1. a. The commissioner may
  impose a civil penalty upon an asbestos contractor of up to two thousand
  five hundred dollars for the initial violation of section  nine  hundred
  two  of  this  article and up to four thousand dollars for the second or
  subsequent violation of such section. Any substantially owned-affiliated
  entity of such asbestos contractor shall be held jointly  and  severally
  liable for the payment of such civil penalty. The commissioner may issue
  an  order  directing  payment  of  such  civil  penalty  by the asbestos
  contractor and substantially owned-affiliated entity.
    b. If, after an investigation and a formal hearing,  the  commissioner
  finds  that  an  asbestos  contractor has violated any provision of this
  article, other than section nine hundred two or any rule  or  regulation
  promulgated  hereunder,  the commissioner shall, by an order which shall
  describe in detail the nature of the violation or violations, assess the
  asbestos contractor a civil penalty of not  more  than  the  greater  of
  twenty-five percent of the monetary value of the contract upon which the
  violation  was  found  to  have  occurred  or  five thousand dollars per
  violation. Any asbestos contractor who, having previously been  assessed
  a   civil   penalty   under   this   section,   or  whose  substantially
  owned-affiliated entity having previously been assessed a civil  penalty
  under  this  section, violates any provision of this article or any rule
  or regulation promulgated hereunder, shall be subject to a civil penalty
  of not more than the greater of fifty percent of the monetary  value  of
  the  contract  upon  which  the  violation was found to have occurred or
  twenty-five  thousand  dollars  per  violation.  Each  day  a  violation
  continues  may be considered a separate violation under this section. In
  assessing the  amount  of  penalty,  the  commissioner  shall  give  due
  consideration  to  the  size  of the asbestos contractor's business, the
  good faith of the contractor, the  gravity  of  the  violation  and  the
  history  of  previous  violations  by the asbestos contractor and/or any
  substantially owned-affiliated entity of such asbestos  contractor.  Any
  substantially  owned-affiliated entity of such asbestos contractor shall
  be held jointly and severally liable  for  the  payment  of  such  civil
  penalty.  The  commissioner may issue an order directing payment of such
  civil  penalty  by  the  asbestos  contractor  and   any   substantially
  owned-affiliated entity.
    2.  If,  after an investigation and a formal hearing, the commissioner
  finds that an asbestos contractor has violated  any  provision  of  this
  article  or  any  rule  or regulation promulgated hereunder within three
  years of the last assessment of a civil  penalty  against  the  asbestos
  contractor  or any substantially owned-affiliated entity of the asbestos
  contractor under this article, or  has  been  found  to  have  committed
  serious  violations of other state, federal or local laws with regard to
  the  conduct  of  the   asbestos   contractor   or   any   substantially
  owned-affiliated  entity  of  such  asbestos  contractor  at  or  on any
  asbestos project or that such asbestos contractor or  any  substantially
  owned-affiliated  entity  of  such  asbestos  contractor  has  otherwise
  demonstrated a  lack  of  responsibility  in  the  conduct  of  any  job
  involving  asbestos  or  asbestos  material  of  such  seriousness as to
  warrant the revocation of the  asbestos  contractor's  license,  or  the
  license  of  any  substantially owned-affiliated entity of such asbestos
  contractor, the commissioner may, by an order which describes in  detail
  the   nature  of  the  violation  or  violations,  revoke  the  asbestos
  contractor's asbestos handling license or the asbestos handling  license
  of any substantially owned-affiliated entity of such asbestos contractor
  and   neither   such   asbestos   contractor   nor   any   substantially
  owned-affiliated entity of such asbestos contractor shall be eligible to

  apply for a new asbestos handling license for a  period  of  up  to  two
  years.
    3.  If,  after an investigation and a formal hearing, the commissioner
  finds that a person who has been issued an asbestos handling certificate
  has willfully violated any provision of this article,  or  any  rule  or
  regulation  promulgated  hereunder, the commissioner may, by order which
  describes in detail the nature of the violation or  violations,  suspend
  or revoke the asbestos handling certificate of such person.
    4.  Any person or asbestos contractor who may be adversely affected by
  an order issued  under  this  section  may  challenge  the  validity  or
  applicability  of  such  order  by  commencing  a proceeding pursuant to
  article  seventy-eight  of  the  civil  practice  law  and  rules.   The
  commissioner  may  file  with  the  county clerk of the county where the
  person, asbestos contractor, or substantially owned-affiliated entity of
  such person or contractor resides or has a place of business, the  order
  containing the amount of civil penalty, unless a proceeding for judicial
  review as provided in this article shall then be pending or the time for
  initiation  of such proceeding has not expired. The filing of such order
  or decision shall have the full force and  effect  of  a  judgment  duly
  docketed  in  the  office  of  such  clerk. The order or decision may be
  enforced by and in the name of the commissioner in the same manner,  and
  with like effect, as that prescribed by the civil practice law and rules
  for the enforcement of a money judgment.
    5.  When  any person or corporation, or any officer or shareholder who
  owns or controls at least ten per centum of  the  outstanding  stock  of
  such  corporation,  has  been  convicted of a felony offense for conduct
  directly relating to obtaining or  attempting  to  obtain,  an  asbestos
  handling  certificate  or  asbestos  handling  license  or performing or
  attempting to perform an asbestos contract such  person  or  corporation
  shall  be  ineligible  to  be issued an asbestos handling certificate or
  asbestos handling license for a period of five years from  the  date  of
  conviction.
    6.  Nothing  in  this  section  shall  be  construed  as affecting any
  provision of any other law or regulation relating  to  the  issuance  of
  asbestos handling certificates or asbestos handling licenses.