§ 464 — Costs and penalties

§ 464. Costs and penalties. 1. If the commissioner directs the\nstorage, destruction or other disposition of explosives pursuant to the\nprovisions of section four hundred fifty-nine or four hundred sixty of\nthis article, the commissioner may issue an order which shall set forth\nthe costs of such storage, transportation, handling, destruction or\nother disposition and assess such costs against the owner of such\nexplosives, which shall be in addition to any other penalties imposed.\n 2. (a) If the commissioner determines that any person has violated any\nprovision of this article, section four hundred eighty-two of the\ngeneral business law relating to blasters and pyrotechnicians, or any\nrule or regulation promulgated thereunder, the commissioner may issue an\norder which shall describe the nature of the violation and assess such\nperson a civil penalty of up to ten thousand dollars per violation per\nday until the violation is corrected. The penalty authorized pursuant to\nthis paragraph shall be paid to the commissioner for deposit in the\ntreasury of the state. In assessing the amount of the penalty, the\ncommissioner shall give due consideration to the size of the person's\nbusiness, the good faith effort of the person, the gravity of the\nviolation, and the history of previous violations.\n (b) Whenever the commissioner issues an order under this section\nagainst a person, the commissioner shall serve notice of the order by\nregistered mail upon the person at his or her last known address. Within\nfive days of service of the order, the person may make written demand\nupon the commissioner for a hearing whereupon the commissioner shall\ngive such person written notice of the time and place of the hearing to\nbe held not less than ten days thereafter.\n (c) Upon the entry of an order issued following a hearing under this\nsection, any party aggrieved by an order issued under this subdivision\nor subdivision one of this section may commence a proceeding for review\nthereof pursuant to article seventy-eight of the civil practice law and\nrules within thirty days from the notice of the filing of the said order\nin the office of the commissioner. Said proceeding shall be commenced\ndirectly in the Appellate Division of the Supreme Court.\n (d) Provided that no proceeding for judicial review as provided for in\nthis section shall then be pending and the time for initiation of such\nproceeding shall have expired, the commissioner may file with the county\nclerk of the county where the person resides or has a place of business,\nthe order of the commissioner, containing the amount of the civil\npenalty. The filing of such order or decision shall have the full force\nand effect of a judgment duly docketed in the office of such clerk, the\norder or decision may be enforced by and in the name of the commissioner\nin the same manner, and with like effect, as that prescribed by the\ncivil practice law and rules for the enforcement of a money judgment.\n (e) A civil penalty provided for in this subdivision shall be in\naddition to and may be imposed concurrently with any other penalty or\nremedy provided for in this article.\n 3. Any person violating any provision of this article, or any rule or\nregulation made hereunder, shall be guilty of a class E felony;\nprovided, however, that any person who possesses an explosive without\nbeing duly licensed or otherwise authorized to do so under the\nprovisions of this article shall be guilty of a class D felony.\nWhenever, as a result of a plea bargaining agreement the charge is\nreduced to a lesser offense, such offense may, in addition to any term\nof imprisonment prescribed by such offense, be punishable by a fine not\nto exceed twenty-five hundred dollars.\n