§ 251-h. Office of the airline consumer advocate. 1. There shall be in the board an office to be known as the office of airline consumer advocate. The executive director of the board shall designate one or more employees of the board to serve in such office. 2. (a) The office of the airline consumer advocate shall have the following functions, powers, and duties: (i) to assist customers in resolving problems with airline carriers; (ii) to identify areas in which customers have problems in dealings with carriers; (iii) to propose solutions, including administrative changes to practices and procedures of the carrier or airport; (iv) to preserve and promote the rights of the customer; (v) to promote open and direct communications; and (vii) in conjunction with other appropriate staff of the board, to initiate, investigate, attempt to resolve, and if necessary refer to the attorney general any matters or complaints received pursuant to this article. (b) Any complaints regarding violations of section two hundred fifty-one-g of this article shall be filed with the office of the airline consumer advocate who may, on behalf of the board and in conjunction with other staff of the board, conduct an investigation and may request in writing the production of documents and records as part of its investigation. Trade secrets and proprietary business information contained in the documents or records received by the board pursuant to a written request or a subpoena are confidential. If the person upon whom such request was made fails to produce the documents or records within thirty days after the date of the request, the board may issue and serve subpoenas to compel the production of such documents and records. If any person shall refuse to comply with a subpoena issued under this section, the board may petition a court of competent jurisdiction to enforce the subpoena and such sanctions as the court may direct. After completion of an investigation, the board shall either: (i) dismiss the compliant following a determination that no violation occurred; or (ii) determine that a violation has likely occurred and, if so, shall attempt to resolve the matter by settlement, which may include a monetary settlement to cover the ordinary costs and expenses incurred by the board. If no settlement is achieved, then the matter shall be referred to the attorney general for further proceedings, including, if necessary, legal action. (c) Any records, documents, papers, maps, books, tapes, photographs, files, sound recordings or other business material, regardless of form or characteristics, obtained by the board pursuant to subpoena shall be confidential. At the conclusion of an investigation, any matter determined by the board, the attorney general, or by a federal or state judicial or administrative body, to be a trade secret or proprietary confidential business information held by either the board or the attorney general pursuant to such investigation shall be considered confidential. Such materials may be used in any administrative or judicial proceeding so long as the confidential or proprietary nature of the material is maintained. (d) The attorney general shall be authorized to recover a civil penalty not to exceed one thousand dollars per violation; provided, however, that for a violation of subdivision one of section two hundred fifty-one-g of this article the civil penalty shall not exceed one thousand dollars per passenger. Any such penalty shall take into consideration any compensation paid or offered by the carrier to passengers. The civil penalty imposed pursuant to this paragraph may be sought in a civil action brought by the attorney general in any court ofcompetent jurisdiction. If the attorney general prevails in a civil action, the court may award the attorney general reasonable attorneys' fees, and an amount equal to the ordinary costs and expenses incurred by the board, as it deems appropriate. If the attorney general reaches a settlement, this settlement shall include an amount equal to the ordinary costs and expenses incurred by the board. Upon the receipt of any award or settlement to the attorney general of the ordinary costs and expenses incurred by the board, the attorney general shall deliver such amount immediately to the board. "Ordinary costs and expenses" shall mean costs and expenses incurred by the board as a consequence of investigation of violations of this article. (e) The annual report prepared by the board pursuant to paragraph c of subdivision one of section five hundred fifty-three of the executive law shall include a summary of the activities of the office of the airline consumer advocate. Such report shall contain full and substantive analysis, in addition to statistical information, and shall: (i) identify the initiatives the office of airline consumer advocate has taken to improve airline services; (ii) contain a summary of the most serious problems encountered by customers, including a description of the nature of such problems; (iii) contain an inventory of the items described in subparagraphs (i) and (ii) of this paragraph for which action has been taken and the status and results of such actions, and an inventory of items for which no action has been taken, and the reasons therefor; (iv) contain recommendations for such legislative or administrative proposals as may be appropriate to resolve problems encountered by customers; and (v) include such other information as the office of the airline consumer advocate and the board may deem advisable.
§ 251-h. Office of the airline consumer advocate. 1. There shall be in the board an office to be known as the office of airline consumer advocate. The executive director of the board shall designate one or more employees of the board to serve in such office. 2. (a) The office of the airline consumer advocate shall have the following functions, powers, and duties: (i) to assist customers in resolving problems with airline carriers; (ii) to identify areas in which customers have problems in dealings with carriers; (iii) to propose solutions, including administrative changes to practices and procedures of the carrier or airport; (iv) to preserve and promote the rights of the customer; (v) to promote open and direct communications; and (vii) in conjunction with other appropriate staff of the board, to initiate, investigate, attempt to resolve, and if necessary refer to the attorney general any matters or complaints received pursuant to this article. (b) Any complaints regarding violations of section two hundred fifty-one-g of this article shall be filed with the office of the airline consumer advocate who may, on behalf of the board and in conjunction with other staff of the board, conduct an investigation and may request in writing the production of documents and records as part of its investigation. Trade secrets and proprietary business information contained in the documents or records received by the board pursuant to a written request or a subpoena are confidential. If the person upon whom such request was made fails to produce the documents or records within thirty days after the date of the request, the board may issue and serve subpoenas to compel the production of such documents and records. If any person shall refuse to comply with a subpoena issued under this section, the board may petition a court of competent jurisdiction to enforce the subpoena and such sanctions as the court may direct. After completion of an investigation, the board shall either: (i) dismiss the compliant following a determination that no violation occurred; or (ii) determine that a violation has likely occurred and, if so, shall attempt to resolve the matter by settlement, which may include a monetary settlement to cover the ordinary costs and expenses incurred by the board. If no settlement is achieved, then the matter shall be referred to the attorney general for further proceedings, including, if necessary, legal action. (c) Any records, documents, papers, maps, books, tapes, photographs, files, sound recordings or other business material, regardless of form or characteristics, obtained by the board pursuant to subpoena shall be confidential. At the conclusion of an investigation, any matter determined by the board, the attorney general, or by a federal or state judicial or administrative body, to be a trade secret or proprietary confidential business information held by either the board or the attorney general pursuant to such investigation shall be considered confidential. Such materials may be used in any administrative or judicial proceeding so long as the confidential or proprietary nature of the material is maintained. (d) The attorney general shall be authorized to recover a civil penalty not to exceed one thousand dollars per violation; provided, however, that for a violation of subdivision one of section two hundred fifty-one-g of this article the civil penalty shall not exceed one thousand dollars per passenger. Any such penalty shall take into consideration any compensation paid or offered by the carrier to passengers. The civil penalty imposed pursuant to this paragraph may be sought in a civil action brought by the attorney general in any court ofcompetent jurisdiction. If the attorney general prevails in a civil action, the court may award the attorney general reasonable attorneys' fees, and an amount equal to the ordinary costs and expenses incurred by the board, as it deems appropriate. If the attorney general reaches a settlement, this settlement shall include an amount equal to the ordinary costs and expenses incurred by the board. Upon the receipt of any award or settlement to the attorney general of the ordinary costs and expenses incurred by the board, the attorney general shall deliver such amount immediately to the board. "Ordinary costs and expenses" shall mean costs and expenses incurred by the board as a consequence of investigation of violations of this article. (e) The annual report prepared by the board pursuant to paragraph c of subdivision one of section five hundred fifty-three of the executive law shall include a summary of the activities of the office of the airline consumer advocate. Such report shall contain full and substantive analysis, in addition to statistical information, and shall: (i) identify the initiatives the office of airline consumer advocate has taken to improve airline services; (ii) contain a summary of the most serious problems encountered by customers, including a description of the nature of such problems; (iii) contain an inventory of the items described in subparagraphs (i) and (ii) of this paragraph for which action has been taken and the status and results of such actions, and an inventory of items for which no action has been taken, and the reasons therefor; (iv) contain recommendations for such legislative or administrative proposals as may be appropriate to resolve problems encountered by customers; and (v) include such other information as the office of the airline consumer advocate and the board may deem advisable.
§ 251-h. Office of the airline consumer advocate. 1. There shall be in the board an office to be known as the office of airline consumer advocate. The executive director of the board shall designate one or more employees of the board to serve in such office. 2. (a) The office of the airline consumer advocate shall have the following functions, powers, and duties: (i) to assist customers in resolving problems with airline carriers; (ii) to identify areas in which customers have problems in dealings with carriers; (iii) to propose solutions, including administrative changes to practices and procedures of the carrier or airport; (iv) to preserve and promote the rights of the customer; (v) to promote open and direct communications; and (vii) in conjunction with other appropriate staff of the board, to initiate, investigate, attempt to resolve, and if necessary refer to the attorney general any matters or complaints received pursuant to this article. (b) Any complaints regarding violations of section two hundred fifty-one-g of this article shall be filed with the office of the airline consumer advocate who may, on behalf of the board and in conjunction with other staff of the board, conduct an investigation and may request in writing the production of documents and records as part of its investigation. Trade secrets and proprietary business information contained in the documents or records received by the board pursuant to a written request or a subpoena are confidential. If the person upon whom such request was made fails to produce the documents or records within thirty days after the date of the request, the board may issue and serve subpoenas to compel the production of such documents and records. If any person shall refuse to comply with a subpoena issued under this section, the board may petition a court of competent jurisdiction to enforce the subpoena and such sanctions as the court may direct. After completion of an investigation, the board shall either: (i) dismiss the compliant following a determination that no violation occurred; or (ii) determine that a violation has likely occurred and, if so, shall attempt to resolve the matter by settlement, which may include a monetary settlement to cover the ordinary costs and expenses incurred by the board. If no settlement is achieved, then the matter shall be referred to the attorney general for further proceedings, including, if necessary, legal action. (c) Any records, documents, papers, maps, books, tapes, photographs, files, sound recordings or other business material, regardless of form or characteristics, obtained by the board pursuant to subpoena shall be confidential. At the conclusion of an investigation, any matter determined by the board, the attorney general, or by a federal or state judicial or administrative body, to be a trade secret or proprietary confidential business information held by either the board or the attorney general pursuant to such investigation shall be considered confidential. Such materials may be used in any administrative or judicial proceeding so long as the confidential or proprietary nature of the material is maintained. (d) The attorney general shall be authorized to recover a civil penalty not to exceed one thousand dollars per violation; provided, however, that for a violation of subdivision one of section two hundred fifty-one-g of this article the civil penalty shall not exceed one thousand dollars per passenger. Any such penalty shall take into consideration any compensation paid or offered by the carrier to passengers. The civil penalty imposed pursuant to this paragraph may be sought in a civil action brought by the attorney general in any court ofcompetent jurisdiction. If the attorney general prevails in a civil action, the court may award the attorney general reasonable attorneys' fees, and an amount equal to the ordinary costs and expenses incurred by the board, as it deems appropriate. If the attorney general reaches a settlement, this settlement shall include an amount equal to the ordinary costs and expenses incurred by the board. Upon the receipt of any award or settlement to the attorney general of the ordinary costs and expenses incurred by the board, the attorney general shall deliver such amount immediately to the board. "Ordinary costs and expenses" shall mean costs and expenses incurred by the board as a consequence of investigation of violations of this article. (e) The annual report prepared by the board pursuant to paragraph c of subdivision one of section five hundred fifty-three of the executive law shall include a summary of the activities of the office of the airline consumer advocate. Such report shall contain full and substantive analysis, in addition to statistical information, and shall: (i) identify the initiatives the office of airline consumer advocate has taken to improve airline services; (ii) contain a summary of the most serious problems encountered by customers, including a description of the nature of such problems; (iii) contain an inventory of the items described in subparagraphs (i) and (ii) of this paragraph for which action has been taken and the status and results of such actions, and an inventory of items for which no action has been taken, and the reasons therefor; (iv) contain recommendations for such legislative or administrative proposals as may be appropriate to resolve problems encountered by customers; and (v) include such other information as the office of the airline consumer advocate and the board may deem advisable.
