Section 251-H. Office of the airline consumer advocate

1. There shall be in
  the  board  an  office  to  be  known  as the office of airline consumer
  advocate. The executive director of the board  shall  designate  one  or
  more employees of the board to serve in such office.
    2.  (a)  The  office  of  the airline consumer advocate shall have the
  following functions, powers, and duties:
    (i) to assist customers in resolving problems with airline carriers;
    (ii) to identify areas in which customers have  problems  in  dealings
  with carriers;
    (iii)  to  propose  solutions,  including  administrative  changes  to
  practices and procedures of the carrier or airport;
    (iv) to preserve and promote the rights of the customer;
    (v) to promote open and direct communications; and
    (vii) in conjunction with other appropriate staff  of  the  board,  to
  initiate, investigate, attempt to resolve, and if necessary refer to the
  attorney  general  any  matters  or complaints received pursuant to this
  article.
    (b)  Any  complaints  regarding  violations  of  section  two  hundred
  fifty-one-g  of  this  article  shall  be  filed  with the office of the
  airline consumer advocate who  may,  on  behalf  of  the  board  and  in
  conjunction  with other staff of the board, conduct an investigation and
  may request in writing the production of documents and records  as  part
  of its investigation. Trade secrets and proprietary business information
  contained  in the documents or records received by the board pursuant to
  a written request or a subpoena are confidential.  If  the  person  upon
  whom  such  request  was  made fails to produce the documents or records
  within thirty days after the date of the request, the  board  may  issue
  and  serve  subpoenas  to  compel  the  production of such documents and
  records. If any person shall refuse 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. After completion of an investigation, the  board  shall  either:
  (i)  dismiss  the  compliant following a determination that no violation
  occurred; or (ii) determine that a violation has likely occurred and, if
  so, shall attempt to resolve the matter by settlement, which may include
  a monetary settlement to cover the ordinary costs and expenses  incurred
  by  the  board.  If  no settlement is achieved, then the matter shall be
  referred to the attorney general for further proceedings, including,  if
  necessary, legal action.
    (c)  Any  records, documents, papers, maps, books, tapes, photographs,
  files, sound recordings or other business material, regardless  of  form
  or  characteristics, obtained by the board pursuant to subpoena shall be
  confidential.  At  the  conclusion  of  an  investigation,  any   matter
  determined  by the board, the attorney general, or by a federal or state
  judicial or administrative body, to be a  trade  secret  or  proprietary
  confidential  business  information  held  by  either  the  board or the
  attorney general pursuant to  such  investigation  shall  be  considered
  confidential.  Such  materials  may  be  used  in  any administrative or
  judicial proceeding so long as the confidential or proprietary nature of
  the material is maintained.
    (d) The attorney general  shall  be  authorized  to  recover  a  civil
  penalty  not  to  exceed  one  thousand dollars per violation; provided,
  however, that for a violation of subdivision one of section two  hundred
  fifty-one-g  of  this  article  the  civil  penalty shall not exceed one
  thousand dollars  per  passenger.  Any  such  penalty  shall  take  into
  consideration  any  compensation  paid  or  offered  by  the  carrier to
  passengers. The civil penalty imposed pursuant to this paragraph may  be
  sought in a civil action brought by the attorney general in any court of

  competent  jurisdiction.  If  the  attorney  general prevails in a civil
  action, the court may award the attorney general  reasonable  attorneys'
  fees, and an amount equal to the ordinary costs and expenses incurred by
  the  board,  as  it deems appropriate. If the attorney general reaches a
  settlement, this  settlement  shall  include  an  amount  equal  to  the
  ordinary  costs  and expenses incurred by the board. Upon the receipt of
  any award or settlement to the attorney general of  the  ordinary  costs
  and  expenses  incurred by the board, the attorney general shall deliver
  such amount immediately to the  board.  "Ordinary  costs  and  expenses"
  shall  mean costs and expenses incurred by the board as a consequence of
  investigation of violations of this article.
    (e) The annual report prepared by the board pursuant to paragraph c of
  subdivision one of section five hundred fifty-three of the executive law
  shall include a summary of the activities of the office of  the  airline
  consumer  advocate.  Such  report  shall  contain  full  and substantive
  analysis, in addition to statistical information, and shall:
    (i) identify the initiatives the office of airline  consumer  advocate
  has taken to improve airline services;
    (ii)  contain  a  summary  of the most serious problems encountered by
  customers, including a description of the nature of such problems;
    (iii) contain an inventory of the items described in subparagraphs (i)
  and (ii) of this paragraph for which  action  has  been  taken  and  the
  status  and results of such actions, and an inventory of items for which
  no action has been taken, and the reasons therefor;
    (iv) contain recommendations for such  legislative  or  administrative
  proposals  as  may  be  appropriate  to  resolve problems encountered by
  customers; and
    (v) include such other  information  as  the  office  of  the  airline
  consumer advocate and the board may deem advisable.