§ 177 — Administration and enforcement by attorney general

New York § 177

• Jurisdiction: New York
• Law EXC: Executive
• Art. 7-A: Solicitation and Collection of Funds For Charitable Purposes

Text

§ 177. Administration and enforcement by attorney general. 1. The\nattorney general shall make rules and regulations necessary for the\nadministration of this article including, but not limited to regulations\nand waiver procedures that will ensure that charitable organizations do\nnot have to register twice in relation to the solicitation and\nadministration of assets, and rules or regulations allowing or requiring\nany submission to the attorney general to be effected by electronic\nmeans.\n 2. Upon a finding by the attorney general that any person has\ncommitted or is committing a violation of any provision of this article,\nthe attorney general may:\n (a) revoke, suspend or deny a registration of a charitable\norganization, professional fund raiser, professional solicitor or fund\nraising counsel or deny or revoke a claim of exemption or issue an order\ndirecting a charitable organization, professional fund raiser,\nprofessional solicitor, fund raising counsel or commercial co-venturer\nto cease and desist specified fund raising activities; and\n (b) assess a civil penalty against the violator of not more than one\nthousand dollars for each act or omission constituting a violation and\nan additional penalty of not more than one hundred dollars for each day\nduring which such violation continues. Prior to assessing a civil\npenalty, the attorney general shall notify the violator in writing by\ncertified mail to its last known business address that a civil penalty\nwill be assessed pursuant to this section unless the violation is cured\nwithin thirty days of the date of the mailing of the notice.\n 3. The attorney general shall, before denying, revoking or suspending\nany registration or exemption, or issuing a cease and desist order or\nassessing a civil penalty, notify the applicant or registrant in writing\nand provide an opportunity for a hearing on a record in reference\nthereto in accordance with such rules as the attorney general may\npromulgate to effectuate the purposes of this article. Such written\nnotice may be served by personal delivery to the applicant or registrant\nor by registered or certified mail to its last known business address.\nHearings must be requested within twenty days of receipt of the notice\nfrom the attorney general. Any hearing shall be held within thirty days\nof the receipt of the request by the attorney general, at such time and\nplace as the attorney general shall prescribe. The attorney general, or\nhis or her designee may issue subpoenas in accordance with the civil\npractice law and rules, compel the attendance of witnesses at the\nhearing, administer oaths, take proof and make determinations of\nrelevant facts. The respondent may appear at the hearing and may\ncross-examine all witnesses and produce evidence on his or her behalf.\nThe attorney general or his or her designee shall not be bound by the\nrules of evidence during the conduct of the hearing. A final\ndetermination shall be made by the attorney general or his or her\ndesignee within ten days of the conclusion of the hearing. The attorney\ngeneral shall serve a copy of such determination or order upon the\nregistrant or applicant personally or by registered or certified mail at\nhis or her last known business address.\n 4. The administrative remedies provided by this article shall not be\napplicable to any violation of this article which is or was the subject\nof any action or proceeding brought by the attorney general.\n