§ 6-80 Construction Labor Providers Penalty Schedule.

All citations are to Title 20 of the Administrative Code of the City of New York or Title 6 of the Rules of the City of New York.

Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, and any other provisions contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.

In certain cases, the Department may ask for license suspension or revocation, as permitted by statute. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods shall run concurrently.

Unless otherwise specified by law, a second, or third and subsequent violation means a violation by the same respondent, or such respondent's successor(s) as defined by section 20-564 of the Administrative Code, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within one year of the prior violation(s).

Penalties for violations of 20-564.1(a) of the Administrative Code accrue daily for every day during which the unlicensed construction labor provider operated.

Each covered construction worker or third-party client for whom the construction labor provider did not provide a notification in accordance with section 20-564.2 constitutes a separate and distinct offense.

Each day during which a third-party client accepts the services of a covered construction worker in violation of section 20-564.4 of the Administrative Code constitutes a separate and distinct offense.

Citation	Violation Description	First Violation	First Default	Second Violation	Second Default	Third and Subsequent Violation	Third and Subsequent Default
Admin. Code § 20-564.1(a)	Operating without a construction labor provider license	$500 per day	$500 per day	$500 per day	$500 per day	$500 per day	$500 per day
Admin. Code § 20-564.1(b), (c), and (d)	Failure to comply with requirements for the issuance of a license	$375	$500	$450	$500	$500	$500
Admin. Code § 20-564.2	Failure to comply with requirements for providing required notices	$250	$250	$500	$500	$500	$500
Admin. Code § 20-564.3	Failure to comply with requirements for recordkeeping	$375	$500	$450	$500	$500	$500
Admin. Code § 20-564.4	Prohibition on third-party client accepting services of unlicensed construction labor provider	$375	$500	$450	$500	$500	$500
6 RCNY § 2-471	Failure to comply with requirements for the issuance of a license	$375	$500	$450	$500	$500	$500
6 RCNY § 2-472	Failure to comply with requirements for providing required notices	$250	$250	$500	$500	$500	$500
6 RCNY § 2-473	Failure to comply with requirements for recordkeeping	$375	$500	$450	$500	$500	$500

 

(Added City Record 6/10/2022, eff. 7/10/2022)

§ 6-81 Automated Employment Decision Tools Penalty Schedule.

All citations are to Title 20 of the Administrative Code of the City of New York or Title 6 of the Rules of the City of New York.

Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.

Unless otherwise specified by law, a second, or third and subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within two years of the prior violation(s).

Each day on which an automated employment decision tool is used in violation of this section gives rise to a separate violation of subdivision a of section 20-871 of the Administrative Code.

Failure to provide any notice to a candidate or an employee in violation of paragraphs 1, 2 or 3 of subdivision b of section 20-871 of the Administrative Code shall constitute a separate violation.

 

Citation	Violation Description	First Violation	First Default	Second Violation	Second Default	Third and Subsequent Violation	Third and Subsequent Default
Admin. Code § 20-871(a)	Failure to comply with requirements for use of an automated employment decision tool	$375	$500	$1,350	$1,500	$1,500	$1,500
Admin. Code § 20-871(b)	Failure to comply with notice requirements related to automated employment decision tools	$375	$500	$1,350	$1,500	$1,500	$1,500

 

(Added City Record 7/6/2022, eff. 8/5/2022)

§ 6-82 Force-Fed Products Penalty Schedule.

All citations are to Title 20 of the Administrative Code of the City of New York or Title 6 of the Rules of the City of New York.

Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.

Unless otherwise specified by law, a second, or third and subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within two years of the prior violation(s).

Each violation may be treated as a separate and distinct offense. Each day on which a respondent commits a violation may be treated as a separate and distinct offense.

 

Citation	Violation Description	First Violation	First Default	Second Violation	Second Default	Third and Subsequent Violation	Third and Subsequent Default
Admin. Code § 17-1902	Failure to comply with prohibition on force-fed products or food containing force-fed products	$500	$500	$500	$500	$500	$500

 

(Added City Record 7/6/2022, eff. 8/5/2022)