§ 2-473 Records.
RCNY § 2-473
(a)(1) A request or subpoena for information or records from the Department must be served on a construction labor provider in writing in person, via mail, or via email. A construction labor provider must respond to a written request or subpoena for information or records from the Department by providing to the Department true, accurate, and contemporaneously made electronic records or information within 20 days of the date that the request is received and in the formats and layouts prescribed by the Department in such request or subpoena.
(2)Notwithstanding paragraph 1 of this subdivision, a deadline of more than 20 days to respond to a request or subpoena for information or records may be agreed to on consent by the Department and the construction labor provider.
(3)The Department may issue a summons to a construction labor provider that fails to provide true and accurate electronic records or information by the deadline provided in the written request or subpoena or the deadline agreed to by the parties, provided that the monetary penalties authorized by § 20-104 of the Administrative Code for a violation of § 20-564.3 of the Administrative Code shall not apply while such written request or subpoena is the subject of a pending proceeding.
(b)In addition to all other records encompassed by § 20-564.3 of the Administrative Code, the following records are subject to a request or subpoena described in paragraph 1 of subdivision a of this section: (1) Records identifying the corporate structure, ownership and the names of each principal and officer.
(4)The signed statements by each covered construction worker, indicating that the covered construction worker received, read and understood the notices required to be provided to them.
(5)Records identifying the written acknowledgments from third-party clients that they received the notice of rights and notices of assignment.
(c)A construction labor provider's failure to maintain, retain, or produce a record that is required by law or rule to be maintained and that is relevant to a material fact alleged by the Department in a summons, petition, or other notice of hearing creates a reasonable inference that such fact is true. (Added City Record 6/10/2022, eff. 7/10/2022)
