This text of New York § 14-209 (Enforcement and penalties for violations and other proceedings) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 14-209. Enforcement and penalties for violations and other\nproceedings.
1.Civil penalties. Violations of any provisions regarding\npublic campaign financing stated in this title or regulation promulgated\npursuant to this title shall be subject to a civil penalty in an amount\nnot in excess of fifteen thousand dollars and such other lesser fines as\nthe PCFB may promulgate in regulation. Candidates may contest alleged\nfailures to file, late reports and reports with noticed deficiencies and\nhave an opportunity to be heard by the PCFB. The PCFB shall promulgate a\nregulation setting forth a schedule of fines for such infractions\nincluding those that it may assess directly on violators. The PCFB shall\ninvestigate referrals and complaints. After investigation, it may\nrecommend dismi
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§ 14-209. Enforcement and penalties for violations and other\nproceedings. 1. Civil penalties. Violations of any provisions regarding\npublic campaign financing stated in this title or regulation promulgated\npursuant to this title shall be subject to a civil penalty in an amount\nnot in excess of fifteen thousand dollars and such other lesser fines as\nthe PCFB may promulgate in regulation. Candidates may contest alleged\nfailures to file, late reports and reports with noticed deficiencies and\nhave an opportunity to be heard by the PCFB. The PCFB shall promulgate a\nregulation setting forth a schedule of fines for such infractions\nincluding those that it may assess directly on violators. The PCFB shall\ninvestigate referrals and complaints. After investigation, it may\nrecommend dismissal, settlement, civil action, or referral to law\nenforcement. The PCFB may assess penalties and it is authorized to\ncommence a civil action in court to enforce all penalties and recover\nmoney due.\n 2. Notice of violation and opportunity to be heard. The PCFB shall:\n (a) determine whether a violation of any provision of this title or\nregulation promulgated hereunder has been committed;\n (b) serve written notice upon each person or entity it has reason to\nbelieve has committed a violation and such written notice shall describe\nwith particularity the nature of the alleged violation including a\nwritten reference to a specific law or regulation alleged to have been\nviolated;\n (c) provide such person or entity an opportunity to be heard pursuant\nto the state administrative procedure act and any regulations of the\nPCFB; and\n (d) if appropriate, assess penalties for violations, following such\nnotice and opportunity to be heard.\n 3. Criminal conduct. Any person who knowingly and willfully furnishes\nor submits false statements or information to the PCFB in connection\nwith its administration of this title shall be guilty of a misdemeanor\nin addition to any other penalty as may be imposed under this chapter or\npursuant to any other law. The attorney general, upon referral from the\nPCFB, shall have exclusive authority to prosecute any such criminal\nviolation. The PCFB shall seek to recover any public matching funds\nobtained as a result of such criminal conduct.\n 4. Court proceedings. Proceedings as to public financing brought under\nthis title shall have preference over all other causes in all courts.\n (a) The determination of eligibility pursuant to this title and any\nquestion or issue relating to payments for campaign expenditures\npursuant to this title may be contested in a proceeding instituted in\nthe Supreme Court, Albany county by any aggrieved candidate.\n (b) A proceeding with respect to such a determination of eligibility\nor payment for qualified campaign expenditures pursuant to this chapter\nshall be instituted within fourteen days after such determination was\nmade. The PCFB shall be made a party to any such proceeding.\n (c) Upon the PCFB's failure to receive the amount due from a\nparticipating candidate or such candidate's authorized committee after\nthe issuance of written notice of such amount due, as required by this\ntitle, the PCFB is authorized to institute a special proceeding or civil\naction in Supreme Court, Albany county to obtain a judgment for any\namounts determined to be payable to the PCFB as a result of an\nexamination and audit made pursuant to this title or to obtain such\namounts directly from the candidate or authorized committee after a\nhearing at the PCFB.\n (d) The PCFB shall settle or, in its sole discretion, institute a\nspecial proceeding or civil action in Supreme Court, Albany county to\nobtain a judgment for civil penalties determined to be payable to the\nPCFB pursuant to this title or to impose such penalty directly after a\nhearing at the PCFB.\n