§ 534-S. General violations; prosecutions; penalties.
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§ 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 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
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.