§ 71-4303 — Violations of article forty of this chapter

§ 71-4303. Violations of article forty of this chapter.\n 1. Civil and administrative sanctions. Any person who violates any of\nthe provisions of, or who fails to perform any duty imposed by, article\nforty of this chapter or any rule or regulation promulgated thereunder,\nor any terms or conditions of any certificate or permit issued pursuant\nthereto, or any final determination or order of the commissioner made\npursuant to this title, shall be liable in the case of a civil penalty\nnot to exceed twenty-five thousand dollars and an additional penalty of\nnot more than twenty-five thousand dollars for each day during which\nsuch violation continues, to be assessed by the commissioner after an\nopportunity to be heard pursuant to the provisions of section 71-1709 of\nthis article or by a court in any action or proceeding pursuant to this\ntitle, and, in addition thereto such person may by similar process be\nenjoined from continuing such violation. In addition, upon the provision\nof notice stating the grounds for its action and giving an opportunity\nfor hearing, the commissioner may revoke, suspend or deny a certificate\nor a renewal of a certificate issued pursuant to article forty of this\nchapter. In the case of a second violation, the liability shall be for a\ncivil penalty not to exceed fifty thousand dollars for such violation\nand an additional penalty not to exceed fifty thousand dollars for each\nday during which such violation continues.\n 2. Criminal sanctions. Any person who, having any of the culpable\nmental states defined in section 15.05 of the penal law, shall violate\nany of the provisions of or who fails to perform any duty imposed by\narticle forty of this chapter or any rules or regulations promulgated\npursuant thereto, or any term or condition of any certificate or permit\nissued pursuant thereto, or any final determination or order of the\ncommissioner made pursuant to this title shall be guilty of a\nmisdemeanor and, upon conviction thereof, shall for a first conviction\nbe punished by a fine not to exceed twenty-five thousand dollars per day\nof violation or by imprisonment for a term of not more than one year, or\nby both such fine and imprisonment. If the conviction is for an offense\ncommitted after a first conviction of such person under this\nsubdivision, punishment shall be by a fine not to exceed fifty thousand\ndollars per day of violation, or by imprisonment for not more than two\nyears or by both such fine and imprisonment.\n