§ 5-119 — Violations; sanctions

New York § 5-119

• Jurisdiction: New York
• Law ENG: Energy
• Art. 5: State Energy Office; Organization and Powers, Functions and Duties

Text

§ 5-119. Violations; sanctions. 1. Every person shall obey, observe\nand comply with the provisions of this chapter and with every order,\nrule or regulation issued or made pursuant to this chapter, so long as\nthe same shall be and remain in force. Any person who violates any\nprovision of this chapter or who fails, omits or neglects to obey,\nobserve or comply with any order, rule or regulation issued pursuant to\nthis chapter, either personally or through an agent or employee, shall\nforfeit to the people of the state of New York a civil penalty not to\nexceed one thousand dollars for each and every offense or three times\nthe profit received from each violation, whichever is greater, except to\nthe extent that a different civil penalty is specifically provided for\nby another provision of this chapter. Every violation pursuant thereto,\nshall be a separate and distinct offense, and, in the case of a\ncontinuing violation, every day's continuance thereof shall be a\nseparate and distinct offense, except to the extent that another\nprovision of this chapter specifically provides otherwise.\n 2. At the request of the commissioner, the attorney general may bring\nan action or special proceeding to recover a civil penalty provided for\nby this chapter in any court of competent jurisdiction in this state, in\nthe name of the people of the state of New York, except where another\nprovision of this chapter specifically provides for a different means of\nrecovering such penalty. A penalty may be released or compromised, and\nan action or proceeding to recover the same may be settled and\ndiscontinued, by the attorney general with the consent of the\ncommissioner. In any action or proceeding pursuant to this section, all\npenalties incurred up to the time of commencing the same may be sued for\nand recovered therein, and the commencement of an action or proceeding\nshall not be a waiver of the right to recover any other penalty. All\nmoneys recovered in any such action or proceeding, together with the\ncosts thereof, shall be paid into the state treasury to the credit of\nthe general fund.\n 3. Alternatively, or in addition to any action or special proceeding\nto recover a civil penalty provided for by this chapter, the attorney\ngeneral, at the request of the commissioner, may bring an action or\nspecial proceeding in any court of competent jurisdiction to enjoin the\nviolation of any provision of this chapter, or any order, rule or\nregulation issued pursuant to this chapter, and to seek other\nappropriate relief, including but not limited to abatement of the\nviolation and restitution; provided, however, that to the extent that\nanother provision of this chapter specifically provides for injunctive\nor other appropriate relief, its terms shall apply to such action or\nproceeding. Upon a proper showing, a temporary restraining order, a\npreliminary injunction, a permanent injunction and other appropriate\nrelief shall be granted.\n