(1) failure to comply with any provision of
(2) allow a violation
through omission of any provision of this Part;
(3) refuse to allow department investigators
to inspect premises;
(4) fail to
respond to a request or a subpoena from the department.
(b) Penalties. For each violation, the
department shall impose a penalty of no greater than $5,000. Upon the occasion
of a second violation or subsequent violations of this Part, the department
shall impose a penalty of no greater than $50,000.
Administrative hearing. The
administrative hearing shall be conducted in accordance with article 3 of the
State Administrative Procedure Act ("SAPA") and 19 NYCRR Part 400
department shall, before imposing any fine pursuant to this Part and/or article
28-E of the General Business Law, and at least 10 days prior to the date set
for the hearing, notify in writing the person or entity alleged to be in
violation with a statement of charges made and shall afford such person or
entity an opportunity to be heard in person or by counsel in reference thereto.
Such written notice may be served by delivery of same personally, or by mailing
same be certified mail to the last known business address of such person or
entity or by any method authorized by the Civil Practice Law and Rules. The
hearing on such charges shall be at such time and place as the Department shall
N.Y. Comp. Codes R.
& Regs. Tit. 19
from 4607.7 of title 21
York State Register May 2, 2018/Volume XL, Issue 18, eff.