§ 75-J — Civil penalties

§ 75-j. Civil penalties. 1. Any banking institution found to be in\nviolation of any provision of section seventy-five-c of this article in\na compliance report under section seventy-five-g of this article or\notherwise found by the department to be in violation of any provision of\nsection seventy-five-c of this article shall correct the violation\nwithin ten business days after such finding. Where a banking institution\nfails to correct any violation of a provision of section seventy-five-c\nof this article within ten business days after the filing of such report\nor a finding of violation by the department, the superintendent may in a\nproceeding after notice and a hearing, require such banking institution\nto pay a civil penalty in an amount as determined pursuant to section\nforty-four of this chapter, provided, however, that the aggregate\npenalty for all offenses with respect to any one automated teller\nmachine facility in any one proceeding shall not exceed an amount as\ndetermined pursuant to section forty-four of this chapter. For the\npurposes of this article, each violation of section seventy-five-c of\nthis article shall be considered a separate and distinct violation.\n 2. Any banking institution found to be in violation of the provisions\nof section seventy-five-g of this article shall be liable for a civil\npenalty in an amount as determined pursuant to section forty-four-a of\nthis chapter for each automated teller machine facility for which a\nreport has not been filed. Any banking institution which makes a\nmaterial false statement or material omission in any report filed\npursuant to section seventy-five-g of this article shall be liable for a\ncivil penalty in an amount as determined pursuant to section\nforty-four-a of this chapter for each such report.\n 3. Whenever payment of a civil penalty is required under this article,\nthe superintendent shall execute a written order to that effect. A copy\nof such order shall be filed in the office of the department and a\nsecond copy shall, within three days of execution, be served upon such\nbanking institution either personally or by registered or certified\nmail, return receipt requested, directed to the banking institution's\nprincipal place of business. Such order may be reviewed in the manner\nprovided by article seventy-eight of the civil practice law and rules.\nSuch special proceedings for review as authorized by such section must\nbe commenced within thirty days from the service of such order. Such\nsection shall in no way limit any of the powers granted to the\nsuperintendent under any provision of this chapter.\n