Default Report Recommendation Page 2 of 4 APPEARANCES The Bureau was represented by Departmentre no appearances made by or on behalf of FINDINGS AND CONCLUSIONS On December 3 2010 the Departme ID: 818249
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STATE OF NEW YORK DEPARTMENT OF LABOR RE
STATE OF NEW YORK DEPARTMENT OF LABOR REPORT AND for a determination pursuant to Section 909 Asbestos Case No. of the New York Labor Law that violations 25787205 took place as hereinafter described To: Honorable Colleen Gardner Commissioner of Labor earing issued in this matteheard on the issues raised in the Notice of Hearing and to establish a record from which the HeariCommissioner of Labor. Department of Labor (Department) (Respondent) complied with the requirements of Article abatement project at 373 Prospect Place, Brooklyn, New York. Default Report & Recommendation Page 2 of 4 APPEARANCES The Bureau was represented by Departmentre
no appearances made by or on behalf of
no appearances made by or on behalf of FINDINGS AND CONCLUSIONS On December 3, 2010, the Department dulass mail and by certified mail, (HO Ex 1). The first class mailing was not returned, but the certified mailing was returned as Unclaimed charges contained in the Notice of identifying himself as the John Rodriquez, the owner of Respondent, contacted the the scheduled time and place. Mr. Rodriquez confirmed his address, which was the same this matter had been sent. The Hearing Officercopy to the Departments counsel, notifying him that he could request a reopening of the matter and stating that the matter would be held in abeyance for thirty days, p
ending days passed with no further conta
ending days passed with no further contact from Mr. At the hearing, the Department prsubstantially supporting the Departments reinafter paronclusions and determinations of the Default Report & Recommendation Page 3 of 4 RECOMMENDATIONS in timely answering and contesting the charges contained in the Departments Notiand documentary evidence adduced at hearithat the Commissioner of Labor make the following determinations and orders in connection with the issues raised in this case: DETERMINE that Respondent violated 12 NYCRR 56-3.4.B.1 by failing to notify the Bureau of a laDETERMINE that Respondent, within three Notice of Violation in the instant ca
se, admitted to committing four violatio
se, admitted to committing four violations of Labor Law Article 30 and/or Code Rule 56 and Department as a result of such violations; DETERMINE that Respondent was responsibleDETERMINE that Respondent violated a three years of the last assessment of a civil penalty and also demonstrated a lack of requested maximum civil penalty of ORDER that Respondent immediately remit payment of the total amount due of $25,000, made payable to the Commissioner ofHealth, Asbestos Control Bureau, SOB Campus, Building 12, Room 157, Albany, NY Default Report & Recommendation Page 4 of 4 Dated: February 23, 2011 Respectfully submitted, Jerome A. Tracy, Hearing Officer