§ 37 — Consumer protection against substandard shelters

New York § 37

• Jurisdiction: New York
• Law DEA: Defense Emergency Act 1951 784/51
• Art. 3-A: Shelter Protection

Text

§ 37. Consumer protection against substandard shelters. 1. It shall be\nunlawful for any person, firm, association or corporation, or for any\nagent, officer, employee or member thereof to fail to make prompt and\nfull disclosure of the fact that a facility does not comply with the\nplan, regulations or orders of the commission which are in effect\npertaining to shelters:\n (a) in selling or in offering for sale,\n (b) in constructing or in offering to construct, or\n (c) in altering or improving or in offering to alter or improve any\narea or portion of a building, structure or other real property in order\nto provide\nany facility which is represented, either expressly or impliedly, to\nreduce the intensity of fallout radiation and which fails to comply in\nthis respect with such plan, regulations or orders of the commission.\nSuch disclosure shall be made in such form and manner as the commission\nmay by regulation prescribe.\n 2. For purposes of this section, the plan, regulations or orders of\nthe commission pertaining to shelters and to the form and manner by\nwhich disclosure is to be made shall take effect thirty days after\nfiling by the commission in the office of the department of state.\n 3. Any person, firm, association or corporation, or any agent,\nofficer, employee or member thereof, who violates the provisions of\nsubdivision one of this section shall be guilty of a misdemeanor and on\nconviction thereof shall, if a natural person, be punished by a fine not\nexceeding five hundred dollars, or by imprisonment for not longer than\nsix months; and if a firm, association or a corporation by a fine of not\nexceeding five thousand dollars.\n 4. In the alternative, any person, firm, association or corporation,\nor any agent, officer, employee or member thereof, who violates any of\nthe provisions of subdivision one of this section shall be subject, if a\nnatural person, to a civil penalty not exceeding five hundred dollars,\nand, if a firm, association or corporation to a civil penalty not\nexceeding five thousand dollars.\n 5. Whenever the state director shall know or have a reasonable basis\nto believe that there has been a violation of the provisions of\nsubdivision one of this section, he shall report all facts supporting\nsuch knowledge or belief to the attorney general unless he determines to\nproceed administratively pursuant to subdivision eight of this section.\n The attorney general may prosecute any person, firm, association or\ncorporation, or any agent, officer, employee or member thereof, charged\nwith violating the provisions of subdivision one of this section. In all\nsuch criminal proceedings the attorney general may appear in person or\nby his deputy before any court of record or any grand jury and exercise\nall the powers and perform all the duties in respect thereof which the\ndistrict attorney would otherwise be authorized or required to exercise\nor perform; or the attorney general may in his discretion transmit\nevidence, proof and information as to such offense to the district\nattorney of the county in which the accused resides or has its principal\noffice or to the district attorney of the county in which the alleged\nviolation has occurred, and every district attorney to whom such\nevidence, proof and information is so transmitted shall forthwith\nproceed to prosecute the person, firm, association or corporation, or\nany agent, officer, employee or member thereof charged with such\nviolation. In any proceeding wherein the attorney general has appeared\nin person or by deputy, the district attorney shall exercise only such\npowers and perform only such duties as are required of him by the\nattorney general or his deputy.\n Alternatively, the attorney general may cause an action or proceeding\nto be brought in the name and in behalf of the people of the state\nagainst any person, firm, association or corporation, or any agent,\nofficer, employee or member thereof for the recovery of the civil\npenalty referred to in subdivision four of this section. Such action may\nbe brought in the county where the defendant resides or has its\nprincipal office or in the county where the alleged violation has\noccurred.\n Every action or proceeding, criminal or civil, brought pursuant to\nthis section must be commenced within three years after the commission\nof the acts upon which the action or proceeding is based.\n 6. All moneys recovered as penalties or fines pursuant to this section\nshall be the property of the state.\n 7. A violation of the provisions of this section shall not be\nconsidered an infraction for purposes of this act.\n 8. (a) The state director may, on his own motion, investigate or make\ninquiry as to any suspected failure to comply with the provisions of\nsubdivision one of this section.\n (b) Whenever it shall appear to the state director, after\ninvestigation, that there has been a violation of the provisions of\nsubdivision one of this section, he may give written notice to the\nalleged violator or violators\n (i) setting forth the circumstances upon which the alleged violation\nis based, and\n (ii) requiring each respondent to appear in person or by attorney\nbefore the state director or his duly designated representative, at the\ntime and place specified and answer the charges set forth.\nAt least twenty days notice of such hearing shall be given.\n (c) The state director, or any person designated by him for this\npurpose, may issue subpoenas and administer oaths in connection with any\ninvestigation or hearing conducted pursuant to this subdivision, and it\nshall be the duty of the state director and any persons designated by\nhim for such purpose to issue subpoenas at the request of and in behalf\nof any respondent.\n (d) The state director, or any person designated by him for this\npurpose, shall not be bound by the law of evidence in conducting the\nhearing, but any determination shall be founded upon sufficient legal\nevidence to sustain it.\n (e) In the hearing, each respondent shall have the right to cross\nexamine witnesses against him and to produce witnesses and evidence in\nhis defense.\n (f) Upon the conclusion of the hearing, the state director or other\nperson conducting the hearing shall make such findings and\ndeterminations as he deems warranted by the legal evidence before him\nand if a violation of the provisions of subdivision one of this section\nis found and determined, the state director may assess a penalty not\nexceeding five hundred dollars for each such violation if the respondent\nis a natural person and not exceeding five thousand dollars for each\nsuch violation if the respondent is a firm, association or corporation.\nThe state director shall notify the respondent personally of such\ndecision in writing or by certified mail.\n (g) All findings, determinations and assessments of the state director\npursuant to this subdivision shall be subject to review as provided in\narticle seventy-eight of the civil practice law and rules. Application\nfor such review must be made within sixty days after receipt by the\nrespondent of notification of the decision of the state director.\n 9. In construing and enforcing the provisions of this section the\naction of an agent, officer, employee or member of a person, firm,\nassociation or corporation shall be presumed to be the act of such\nperson, firm, association or corporation.\n