Section 75-J. Civil penalties  


Latest version.
  • 1. Any banking institution found to be in
      violation of any provision of section  seventy-five-c  of  this  article
      shall correct the violation within ten business days after such finding.
      Where  a banking institution fails to correct said violation within such
      period of time, the superintendent may in a proceeding after notice  and
      a  hearing, require any banking institution to pay a civil penalty in an
      amount as determined pursuant to section  forty-four  of  this  chapter,
      provided,  however,  that  the  aggregate  penalty for all offenses with
      respect to  any  one  automated  teller  machine  facility  in  any  one
      proceeding  shall not exceed an amount as determined pursuant to section
      forty-four of this chapter. For  the  purposes  of  this  article,  each
      violation  of section seventy-five-c of this article shall be considered
      a separate and distinct violation.
        2. Any banking institution found to be in violation of the  provisions
      of  section  seventy-five-g  of this article shall be liable for a civil
      penalty in an amount as determined pursuant to section  forty-four-a  of
      this  chapter  for  each  automated  teller machine facility for which a
      report has not  been  filed.  Any  banking  institution  which  makes  a
      material  false  statement  or  material  omission  in  any report filed
      pursuant to section seventy-five-g of this article shall be liable for a
      civil  penalty  in  an  amount  as  determined   pursuant   to   section
      forty-four-a of this chapter for each such report.
        3. Whenever payment of a civil penalty is required under this article,
      the  superintendent shall execute a written order to that effect. A copy
      of such order shall be filed in the  office  of  the  department  and  a
      second  copy  shall, within three days of execution, be served upon such
      banking institution either personally  or  by  registered  or  certified
      mail,  return  receipt  requested, directed to the banking institution's
      principal place of business. Such order may be reviewed  in  the  manner
      provided  by  article seventy-eight of the civil practice law and rules.
      Such special proceedings for review as authorized by such  section  must
      be  commenced  within  thirty  days from the service of such order. Such
      section shall in  no  way  limit  any  of  the  powers  granted  to  the
      superintendent under any provision of this chapter.