N.Y. General Business Law 490-G – Enforcement
§ 490-g. Enforcement. 1. Where it is determined after a hearing that any person has violated one or more provisions of this article, the secretary 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.
Terms Used In N.Y. General Business Law 490-G
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
2. The department shall provide the attorney general any information on recalled or unsafe products, complaints regarding recalled or unsafe products and violations of this § of the executive law.
3. The secretary 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 secretary 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 department 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.