State Codes and Statutes

Statutes > New-york > Pbh > Article-13 > Title-13 > 1389-gg

§ 1389-gg. Violations of title thirteen.  1. Notwithstanding any other  provision of this chapter, any person who violates any of the provisions  of,  or  who fails to perform any duty imposed by this title or any rule  or regulation promulgated pursuant thereto, or any term or condition  of  any  certificate  or  permit  issued  pursuant  thereto,  or  any  final  determination or order of the commissioner made pursuant to  this  title  shall be liable in the case of a first violation for a civil penalty not  to  exceed  twenty-five hundred dollars and an additional penalty of not  more than one thousand dollars for each day during which such  violation  continues, to be assessed by the commissioner after an opportunity to be  heard  pursuant to the provisions of this chapter or by the court in any  action or proceeding pursuant to this chapter, and, in addition thereto,  such person may by similar process  be  enjoined  from  continuing  such  violation  and  any  permit  or certificate issued to such person may be  revoked or suspended or a pending renewal  application  denied.  In  the  case of a second and any further violation, the liability shall be for a  civil  penalty  not  to  exceed  five  thousand  dollars  for  each such  violation and an additional penalty not to  exceed  twenty-five  hundred  dollars for each day during which such violation continues.    2.  No  penalty assessed or imposed pursuant to the provisions of this  title shall be paid from medicaid or medicare funds.

State Codes and Statutes

Statutes > New-york > Pbh > Article-13 > Title-13 > 1389-gg

§ 1389-gg. Violations of title thirteen.  1. Notwithstanding any other  provision of this chapter, any person who violates any of the provisions  of,  or  who fails to perform any duty imposed by this title or any rule  or regulation promulgated pursuant thereto, or any term or condition  of  any  certificate  or  permit  issued  pursuant  thereto,  or  any  final  determination or order of the commissioner made pursuant to  this  title  shall be liable in the case of a first violation for a civil penalty not  to  exceed  twenty-five hundred dollars and an additional penalty of not  more than one thousand dollars for each day during which such  violation  continues, to be assessed by the commissioner after an opportunity to be  heard  pursuant to the provisions of this chapter or by the court in any  action or proceeding pursuant to this chapter, and, in addition thereto,  such person may by similar process  be  enjoined  from  continuing  such  violation  and  any  permit  or certificate issued to such person may be  revoked or suspended or a pending renewal  application  denied.  In  the  case of a second and any further violation, the liability shall be for a  civil  penalty  not  to  exceed  five  thousand  dollars  for  each such  violation and an additional penalty not to  exceed  twenty-five  hundred  dollars for each day during which such violation continues.    2.  No  penalty assessed or imposed pursuant to the provisions of this  title shall be paid from medicaid or medicare funds.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbh > Article-13 > Title-13 > 1389-gg

§ 1389-gg. Violations of title thirteen.  1. Notwithstanding any other  provision of this chapter, any person who violates any of the provisions  of,  or  who fails to perform any duty imposed by this title or any rule  or regulation promulgated pursuant thereto, or any term or condition  of  any  certificate  or  permit  issued  pursuant  thereto,  or  any  final  determination or order of the commissioner made pursuant to  this  title  shall be liable in the case of a first violation for a civil penalty not  to  exceed  twenty-five hundred dollars and an additional penalty of not  more than one thousand dollars for each day during which such  violation  continues, to be assessed by the commissioner after an opportunity to be  heard  pursuant to the provisions of this chapter or by the court in any  action or proceeding pursuant to this chapter, and, in addition thereto,  such person may by similar process  be  enjoined  from  continuing  such  violation  and  any  permit  or certificate issued to such person may be  revoked or suspended or a pending renewal  application  denied.  In  the  case of a second and any further violation, the liability shall be for a  civil  penalty  not  to  exceed  five  thousand  dollars  for  each such  violation and an additional penalty not to  exceed  twenty-five  hundred  dollars for each day during which such violation continues.    2.  No  penalty assessed or imposed pursuant to the provisions of this  title shall be paid from medicaid or medicare funds.