State Codes and Statutes

Statutes > New-york > Gbs > Article-28-e > 490-g

§  490-g.  Enforcement. 1. Where it is determined after a hearing that  any person has violated one or more  provisions  of  this  article,  the  director  may  assess  a  civil  penalty  no  greater than five thousand  dollars for each violation. Any proceeding conducted  pursuant  to  this  section shall be subject to the state administrative procedure act. Upon  the  occasion  of  a  second  violation or subsequent violations of this  article, a civil penalty no greater than fifty thousand dollars  may  be  assessed.    2.  The  board  shall  provide the attorney general any information on  recalled or unsafe products, complaints  regarding  recalled  or  unsafe  products  and  violations  of  this  section  that are necessary for the  purposes of enforcement by the  attorney  general  pursuant  to  section  sixty-three of the executive law.    3.  The  director or his or her designee may administer oaths and take  affidavits in relation to any matter or proceeding in  the  exercise  of  the  powers  and  duties  under this article. The director or his or her  designee may subpoena and require the attendance of  witnesses  and  the  production   of   books,  papers,  contracts  and  any  other  documents  pertaining to any investigation or hearing conducted  pursuant  to  this  article.    4.  If  any person refuses 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.    5.  Nothing  in  this section shall be construed to restrict any right  which any person may have under any other statute or at common law.

State Codes and Statutes

Statutes > New-york > Gbs > Article-28-e > 490-g

§  490-g.  Enforcement. 1. Where it is determined after a hearing that  any person has violated one or more  provisions  of  this  article,  the  director  may  assess  a  civil  penalty  no  greater than five thousand  dollars for each violation. Any proceeding conducted  pursuant  to  this  section shall be subject to the state administrative procedure act. Upon  the  occasion  of  a  second  violation or subsequent violations of this  article, a civil penalty no greater than fifty thousand dollars  may  be  assessed.    2.  The  board  shall  provide the attorney general any information on  recalled or unsafe products, complaints  regarding  recalled  or  unsafe  products  and  violations  of  this  section  that are necessary for the  purposes of enforcement by the  attorney  general  pursuant  to  section  sixty-three of the executive law.    3.  The  director or his or her designee may administer oaths and take  affidavits in relation to any matter or proceeding in  the  exercise  of  the  powers  and  duties  under this article. The director or his or her  designee may subpoena and require the attendance of  witnesses  and  the  production   of   books,  papers,  contracts  and  any  other  documents  pertaining to any investigation or hearing conducted  pursuant  to  this  article.    4.  If  any person refuses 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.    5.  Nothing  in  this section shall be construed to restrict any right  which any person may have under any other statute or at common law.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gbs > Article-28-e > 490-g

§  490-g.  Enforcement. 1. Where it is determined after a hearing that  any person has violated one or more  provisions  of  this  article,  the  director  may  assess  a  civil  penalty  no  greater than five thousand  dollars for each violation. Any proceeding conducted  pursuant  to  this  section shall be subject to the state administrative procedure act. Upon  the  occasion  of  a  second  violation or subsequent violations of this  article, a civil penalty no greater than fifty thousand dollars  may  be  assessed.    2.  The  board  shall  provide the attorney general any information on  recalled or unsafe products, complaints  regarding  recalled  or  unsafe  products  and  violations  of  this  section  that are necessary for the  purposes of enforcement by the  attorney  general  pursuant  to  section  sixty-three of the executive law.    3.  The  director or his or her designee may administer oaths and take  affidavits in relation to any matter or proceeding in  the  exercise  of  the  powers  and  duties  under this article. The director or his or her  designee may subpoena and require the attendance of  witnesses  and  the  production   of   books,  papers,  contracts  and  any  other  documents  pertaining to any investigation or hearing conducted  pursuant  to  this  article.    4.  If  any person refuses 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.    5.  Nothing  in  this section shall be construed to restrict any right  which any person may have under any other statute or at common law.