* § 955. Powers of the commissioner. 1. The commissioner shall have the authority to inspect, or cause to be inspected, ongoing or completed conveyances projects and to conduct an investigation thereof upon the commissioner's own initiation or upon receipt of a complaint by any person or entity. However, nothing in this subdivision shall permit the commissioner to enter a private residence. 2. If, upon receipt of a complaint alleging a violation of this article, the commissioner reasonably believes that such violation exists, he or she shall investigate as soon as practicable to determine if such violation exists. If the commissioner determines that no violation or danger exists, the commissioner shall inform the complaining person or entity. 3. If, upon investigation, the commissioner determines that the alleged violation exists, the commissioner may deliver to such owner or elevator contractor or his or her agent or representative a written order to cure such violation and may order that their permit to work on such installation, repair or maintenance project shall be suspended until such violation is cured. Such order shall specifically enumerate the violations which constitute the basis of the order to cure or order of suspension and shall specify the corrective action to be taken. The commissioner may allow the permit to toll during the time of such order. 4. Upon receipt of a written notice from the elevator contractor, or his or her agent or representative, that such violation has been corrected, the commissioner shall, within ten days, issue a determination as to whether such order to cure has been satisfied and such order of suspension, if any, shall be lifted. If the commissioner determines that the order to cure has not been satisfied he or she may continue such order for a reasonable period of time upon the consent of the contractor, or his or her agent or representative. If the commissioner does not continue the order, or if the contractor, or his or her agent or representative does not consent to such continuation, the contractor shall have the right to a hearing to determine if such order shall be lifted. Any entity or contractor who may be adversely affected by a notice, suspension, or determination issued under this section may commence a proceeding pursuant to article seventy-eight of the civil practice law and rules. 5. The commissioner may, after a notice and hearing, suspend or revoke a license issued under this article based on any of the following violations:

(a) any false statement as to a material matter in the application;

(b) fraud, or misrepresentation, in securing a license;

(c) failure to notify the commissioner and the owner or lessee of a conveyance of any condition not in compliance with this article;

(d) a violation of section nine hundred fifty-two of this article; or

(e) a finding by the commissioner that a contractor has violated this article or any rule or regulation promulgated thereunder twice within a period of three years, or that a contractor has violated a provision of this article and such violation resulted in a serious threat to the health or safety of an individual or individuals. The commissioner may, in addition to ordering that such contractor's license be revoked, bar such individual from being eligible to reapply for such license for a period not to exceed two years. 6. The commissioner may, after notice and hearing, revoke a permit issued under this article based on any of the following violations:

(a) any false statements or misrepresentation as to a material fact in the application, plans, or specifications on which the permit was based;

(b) any application which by omission or mistake fails to comply with the requirements of this article;

(c) any failure to perform work in accordance with the provisions of the application, plans or specifications or with the requirements of this article or conditions of the permit;

(d) a failure by the owner or elevator contractor to whom the permit was issued to comply with an order issued pursuant to subdivision four of this section; or

(e) a finding by the commissioner that an individual or contractor who has been issued a permit has violated any provision under section nine hundred fifty-two of this article. 7. (a) Except as provided in paragraph (b) of this subdivision, if the commissioner finds, after notice and hearing, that an individual has violated any provision of this article, he or she may impose a civil penalty not to exceed one thousand dollars for each such violation. Upon a second or subsequent violation within three years of the determination of a prior violation, the commissioner may impose a civil penalty not to exceed two thousand dollars.

(b) The penalty provided for in paragraph (a) of this subdivision may be increased to an amount not to exceed five thousand dollars if the violation resulted in a serious threat to the health or safety of an individual or individuals. 8. Any entity or contractor who may be adversely affected by an order issued under this section may commence a proceeding pursuant to article seventy-eight of the civil practice law and rules. 9. The commissioner may bring an action in a court of competent jurisdiction to enjoin any conduct that violates the provisions of this article. 10. The commissioner may promulgate rules and regulations necessary to carry out and effectuate the provisions of this article. * NB Effective and Repealed January 1, 2022 * § 955. Powers of the commissioner. 1. The commissioner shall have the authority to inspect, or cause to be inspected, ongoing or completed conveyance projects and to conduct an investigation thereof upon the commissioner's own initiation or upon receipt of a complaint by any person or entity. However, nothing in this subdivision shall permit the commissioner to enter a private residence. 2. If, upon receipt of a complaint alleging a violation of this article, the commissioner reasonably believes that such violation exists, he or she shall investigate as soon as practicable to determine if such violation exists. If the commissioner determines that no violation or danger exists, the commissioner shall inform the complaining person or entity. If, upon investigation, the commissioner determines that the alleged violation exists, the commissioner may deem such violation to create a dangerous condition for purposes of section two hundred of this chapter only and may issue a notice thereunder prohibiting further work. 3. The commissioner may, after a notice and hearing, suspend or revoke a license issued under this article based on any of the following violations:

(a) any false statement as to a material matter in the application;

(b) fraud, or misrepresentation, in securing a license;

(c) failure to notify the commissioner and the owner or lessee of a conveyance of any condition not in compliance with this article;

(d) a violation of section nine hundred fifty-two of this article; or

(e) a finding by the commissioner that a license holder has violated this article or any rule or regulation promulgated thereunder twice within a period of three years, or that a license holder has violated a provision of this article and such violation resulted in a serious threat to the health or safety of an individual or individuals. The commissioner may, in addition to ordering that such license be revoked, bar such license holder from being eligible to reapply for such license, or any other license under this article, for a period not to exceed two years. 4. (a) Except as provided in paragraph (b) of this subdivision, if the commissioner finds, after notice and hearing, that an individual has violated any provision of this article, he or she may impose a civil penalty not to exceed one thousand dollars for each such violation. Upon a second or subsequent violation within three years of the determination of a prior violation, the commissioner may impose a civil penalty not to exceed two thousand dollars.

(b) The penalty provided for in paragraph (a) of this subdivision may be increased to an amount not to exceed five thousand dollars if the violation resulted in a serious threat to the health or safety of an individual or individuals provided, however, that such penalty may be increased to an amount not to exceed twenty-five thousand dollars if the violation resulted in the death of any individual or individuals. 5. The commissioner may bring an action in a court of competent jurisdiction to enjoin any conduct that violates the provisions of this article. 6. The board shall examine the various state and local requirements and industry standards and practices with respect to elevator inspections in this state and shall provide recommendations to the commissioner for coordinating existing state, local, and private inspections to ensure that elevators are being inspected by licensed inspectors. 7. The commissioner may promulgate rules and regulations necessary to carry out and effectuate the provisions of this article. * NB Effective January 1, 2022