Section 17-136. Costs

a.  If  the department, in an action for a penalty,
  recover judgment in any amount, costs of the court in which  the  action
  is  brought  shall  also be recovered without reference to the amount of
  the recovery, provided payment was demanded before suit brought, and the
  defendant or defendants against  whom  recovery  is  had,  did  not,  as
  article thirty-two of the civil practice law and rules authorizes, offer
  to  pay an amount equal to the recovery against him or them, except that
  where the recovery shall be less than fifty dollars, the amount of costs
  shall be ten dollars.
    b. The department shall not be subject to the payment of costs  unless
  the  judge  or justice, at the conclusion of the trial, shall certify in
  writing that there was not reasonable cause for bringing the action.  In
  such  case  the  costs  shall  not exceed ten dollars, unless the amount
  claimed exceeded fifty dollars.