N.Y.
Executive Law Section 534-S
General violations
- prosecutions
- penalties
1.
The failure of any witness, when duly subpoenaed to attend, give testimony or produce other evidence, whether or not at a hearing, shall be punishable by the supreme court in New York in the same manner as said failure is punishable by such court in a case therein pending.2.
Any person who, having been duly sworn or affirmed as a witness in any such hearing, shall willfully give false testimony or who shall willfully make or file any false or fraudulent report or statement required by this article to be made or filed under oath, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or imprisonment for not more than three hundred sixty-four days, or both.3.
Any person who, having been duly sworn or affirmed as a witness in any investigation, interview or other proceeding conducted by the commission pursuant to the provisions of this article, shall willfully give false testimony shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or imprisonment for not more than three hundred sixty-four days, or both.4.
The commission may maintain a civil action on behalf of the state against any person who violates or attempts or conspires to violate this section or who fails, omits, or neglects to obey, observe, or comply with any order or direction of the commission, to recover a judgment for a money penalty not exceeding five hundred dollars for each and every offense. Every violation of any such provision, order or direction, shall be a separate and distinct offense, and, in case of a continuing violation, every day’s continuance shall be and be deemed to be a separate and distinct offense. Any such action may be compromised or discontinued on application of the commission upon such terms as the court may approve and a judgment may be rendered for an amount less than the amount demanded in the complaint as justice may require.5.
The commission may maintain a civil action against any person to compel compliance with any of the provisions of this act or to prevent violations, attempts or conspiracies to violate any such provisions, or interference, attempts or conspiracies to interfere with or impede the enforcement of any such provisions or the exercise performance of any power or duty thereunder, either by mandamus, injunction or action.6.
Any person who violates or attempts or conspires to violate any other provision of this article shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars or by imprisonment for not more than three hundred sixty-four days, or both.7.
Any person who interferes with or impedes the orderly registration of longshore workers pursuant to this act or who conspires to or attempts to interfere with or impede such registration shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars or by imprisonment for not more than three hundred sixty-four days, or both.8.
Any person who directly or indirectly inflicts or threatens to inflict any injury, damage, harm or loss or in any other manner practices intimidation upon or against any person in order to induce or compel such person or any other person to refrain from registering pursuant to this act shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars or by imprisonment for not more than three hundred sixty-four days, or both.9.
Any person who shall violate any of the provisions of this article or of § 534-X (Payment of assessment)section five hundred thirty-four-x of this article for which no other penalty is prescribed shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars or by imprisonment for not more than three hundred sixty-four days, or both.10.
No person shall, without a satisfactory explanation, loiter upon any vessel, dock, wharf, pier, bulkhead, terminal, warehouse, or other waterfront facility or within five hundred feet thereof in that portion of the port of New York district within the state of New York.11.
Any person who, without justification or excuse in law, directly or indirectly intimidates or inflicts any injury, damage, harm, loss or economic reprisal upon any person licensed or registered by the commission, or any other person, or attempts, conspires or threatens so to do, in order to interfere with, impede or influence such licensed or registered person in the performance or discharge of the person’s duties or obligations shall be punishable as provided in subdivision three of § 534-R (Certain solicitations prohibited)section five hundred thirty-four-r of this article.12.
In any prosecution under this act, it shall be sufficient to prove only a single act or a single holding out or attempt prohibited by law, without having to prove a general course of conduct, in order to prove a violation.
Source:
Section 534-S — General violations; prosecutions; penalties, https://www.nysenate.gov/legislation/laws/EXC/534-S (updated Jul. 5, 2024; accessed Oct. 26, 2024).
