§ 937. Civil penalties and revocation. 1. The commissioner may, after a notice and hearing, suspend or revoke any license, or censure, fine, or impose probationary or other restrictions on any licensee for good cause shown which shall include, but not be limited to the following:

Terms Used In N.Y. Labor Law 937

  • Commissioner: means the commissioner of the department of labor. See N.Y. Labor Law 930
  • Conviction: A judgement of guilt against a criminal defendant.
  • Mold: means any indoor multi-cellular fungi growth capable of creating toxins that can cause pulmonary, respiratory, neurological or other major illnesses after minimal exposure, as such exposure is defined by the environmental protection agency, centers for disease control and prevention, national institute of health, or other federal, state, or local agency organized to study and/or protect human health. See N.Y. Labor Law 930
  • Mold assessment: means an inspection or assessment of real property that is designed to discover mold, conditions that facilitate mold, indicia of conditions that are likely to facilitate mold, or any combination thereof. See N.Y. Labor Law 930
  • Mold remediation: means conducting the business of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold and materials used to remove mold from surfaces by a business enterprise, including but not limited to, sole proprietorships. See N.Y. Labor Law 930
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(a) conviction of a felony relating to the performance of a mold assessment or mold remediation;

(b) deceit or misrepresentation in obtaining a license authorized under this article;

(c) providing false testimony or documents to the commissioner in relation to a license authorized by this article or any other license issued by the commissioner;

(d) deceiving or defrauding the public in relation to services provided for a fee that require a license; or

(e) incompetence or gross negligence in relation to mold assessment or mold remediation.

2. Violators of any of the provisions of this article may be fined by the commissioner in an amount not to exceed two thousand dollars for the initial violation and up to ten thousand dollars for each subsequent violation.