Section 141. Civil penalties

1. If the commissioner finds that an employer
  has violated any provision of this article or of a  rule  or  regulation
  promulgated  thereunder,  the  commissioner  may by an order which shall
  describe particularly the nature of the violation, assess the employer a
  civil penalty of not more than one thousand dollars for the  first  such
  violation, not more than two thousand dollars for a second violation and
  not  more  than  three  thousand  dollars  for  a  third  or  subsequent
  violation. Such penalty shall be paid to the commissioner for deposit in
  the treasury of the state. In assessing the amount of the  penalty,  the
  commissioner  shall give due consideration to the size of the employer's
  business, the good faith of the employer, the gravity of the  violation,
  the  history  of  previous  violations  and  the  failure to comply with
  record-keeping or other requirements, provided, however, that where such
  violation involves illegal employment during which a minor is  seriously
  injured  or  dies,  such  penalty  shall  be  treble the maximum penalty
  allowable under the law for such violation.   For the purposes  of  this
  subdivision,  a  minor  shall  be deemed to be seriously injured if such
  injury results in a permanent partial or permanent total  disability  as
  determined by the workers' compensation board.
    2.  Any  order  issued  under subdivision one of this section shall be
  deemed a final order of the commissioner and not subject  to  review  by
  any  court  or  agency  unless  the  employer  files a petition with the
  industrial board of appeals for a  review  of  the  order,  pursuant  to
  section one hundred one of this chapter.
    3.  Provided  that no proceeding for administrative or judicial review
  as provided in this chapter shall then  be  pending  and  the  time  for
  initiation  of  such proceeding shall have expired, the commissioner may
  file with the county clerk of the county where the employer  resides  or
  has a place of business the order of the commissioner or the decision of
  the  industrial  board  of  appeals  containing  the amount of the civil
  penalty. 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.
    4. The civil penalty provided for in this section shall be in addition
  to  and  may  be  imposed  concurrently with any other remedy or penalty
  provided for in this chapter.