Section 177. Administration and enforcement by attorney general


Latest version.
  • 1. The
      attorney general shall make rules  and  regulations  necessary  for  the
      administration of this article including, but not limited to regulations
      and  waiver procedures that will ensure that charitable organizations do
      not  have  to  register  twice  in  relation  to  the  solicitation  and
      administration of assets.
        2.  Upon  a  finding  by  the  attorney  general  that  any person has
      committed or is committing a violation of any provision of this article,
      the attorney general may:
        (a)  revoke,  suspend  or  deny  a  registration   of   a   charitable
      organization,  professional  fund raiser, professional solicitor or fund
      raising counsel or deny or revoke a claim of exemption or issue an order
      directing  a  charitable   organization,   professional   fund   raiser,
      professional  solicitor,  fund raising counsel or commercial co-venturer
      to cease and desist specified fund raising activities; and
        (b) assess a civil penalty against the violator of not more  than  one
      thousand  dollars  for each act or omission constituting a violation and
      an additional penalty of not more than one hundred dollars for each  day
      during  which  such  violation  continues.  Prior  to  assessing a civil
      penalty, the attorney general shall notify the violator  in  writing  by
      certified  mail  to its last known business address that a civil penalty
      will be assessed pursuant to this section unless the violation is  cured
      within thirty days of the date of the mailing of the notice.
        3.  The attorney general shall, before denying, revoking or suspending
      any registration or exemption, or issuing a cease and  desist  order  or
      assessing a civil penalty, notify the applicant or registrant in writing
      and  provide  an  opportunity  for  a  hearing  on a record in reference
      thereto in accordance with  such  rules  as  the  attorney  general  may
      promulgate  to  effectuate  the  purposes  of this article. Such written
      notice may be served by personal delivery to the applicant or registrant
      or by registered or certified mail to its last known  business  address.
      Hearings  must  be requested within twenty days of receipt of the notice
      from the attorney general. Any hearing shall be held within thirty  days
      of  the receipt of the request by the attorney general, at such time and
      place as the attorney general shall prescribe. The attorney general,  or
      his  or  her  designee  may issue subpoenas in accordance with the civil
      practice law and rules,  compel  the  attendance  of  witnesses  at  the
      hearing,  administer  oaths,  take  proof  and  make  determinations  of
      relevant facts. The  respondent  may  appear  at  the  hearing  and  may
      cross-examine  all  witnesses and produce evidence on his or her behalf.
      The attorney general or his or her designee shall not be  bound  by  the
      rules   of   evidence  during  the  conduct  of  the  hearing.  A  final
      determination shall be made by  the  attorney  general  or  his  or  her
      designee  within ten days of the conclusion of the hearing. The attorney
      general shall serve a copy of  such  determination  or  order  upon  the
      registrant or applicant personally or by registered or certified mail at
      his or her last known business address.
        4.  The  administrative remedies provided by this article shall not be
      applicable to any violation of this article which is or was the  subject
      of any action or proceeding brought by the attorney general.