Section 490-G. Enforcement  


Latest version.
  • 1. Where it is determined after a hearing that
      any person has violated one or more  provisions  of  this  article,  the
      director  may  assess  a  civil  penalty  no  greater than five thousand
      dollars for each violation. Any proceeding conducted  pursuant  to  this
      section shall be subject to the state administrative procedure act. Upon
      the  occasion  of  a  second  violation or subsequent violations of this
      article, a civil penalty no greater than fifty thousand dollars  may  be
      assessed.
        2.  The  board  shall  provide the attorney general any information on
      recalled or unsafe products, complaints  regarding  recalled  or  unsafe
      products  and  violations  of  this  section  that are necessary for the
      purposes of enforcement by the  attorney  general  pursuant  to  section
      sixty-three of the executive law.
        3.  The  director or his or her designee may administer oaths and take
      affidavits in relation to any matter or proceeding in  the  exercise  of
      the  powers  and  duties  under this article. The director or his or her
      designee may subpoena and require the attendance of  witnesses  and  the
      production   of   books,  papers,  contracts  and  any  other  documents
      pertaining to any investigation or hearing conducted  pursuant  to  this
      article.
        4.  If  any person refuses 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.
        5.  Nothing  in  this section shall be construed to restrict any right
      which any person may have under any other statute or at common law.