§ 442-E — Violations

§ 442-e. Violations. 1. Misdemeanors; triable in court of special\nsessions. Any person who violates any provision of this article shall be\nguilty of a misdemeanor. The commission of a single act prohibited by\nthis article shall constitute a violation hereof. All courts of special\nsessions, within their respective territorial jurisdictions, are hereby\nempowered to hear, try and determine such crimes, without indictment,\nand to impose the punishments prescribed by law therefor.\n 2. Attorney general to prosecute. Criminal actions for violations of\nthis article shall be prosecuted by the attorney general, or his deputy,\nin the name of the people of the state, and in any such prosecution the\nattorney general, or his deputy, shall exercise all the powers and\nperform all the duties which the district attorney would otherwise be\nauthorized to exercise or to perform therein. The attorney general\nshall, upon a conviction for a violation of any provision of this\narticle, and within ten days thereafter, make and file with the\ndepartment of state a detailed report showing the date of such\nconviction, the name of the person convicted and the exact nature of the\ncharge.\n 3. Penalty recoverable by person aggrieved. In case the offender shall\nhave received any sum of money as commission, compensation or profit by\nor in consequence of his violation of any provision of this article, he\nshall also be liable to a penalty of not less than the amount of the sum\nof money received by him as such commission, compensation or profit and\nnot more than four times the sum so received by him, as may be\ndetermined by the court, which penalty may be sued for and recovered by\nany person aggrieved and for his use and benefit, in any court of\ncompetent jurisdiction.\n 4. In any prosecution under this article, any person, firm or\ncorporation who, for another, performs or offers to perform or attempts\nor offers to attempt, the performance of any one of the acts set forth\nin section four hundred forty of this article, shall be presumed to do\nso for a fee, commission or other valuable consideration, but such\npresumption shall not arise out of a single transaction, except upon\nproof of repeated and successive acts, offers or attempts of a like\nnature.\n 5. The secretary of state shall have the power to enforce the\nprovisions of this article and upon complaint of any person, or on their\nown initiative, to investigate any violation thereof or to investigate\nthe business, business practices and business methods of any person,\nfirm or corporation applying for or holding a license as a real estate\nbroker or salesperson, if in the opinion of the secretary of state such\ninvestigation is warranted. Each such applicant or licensee shall be\nobliged, on request of the secretary of state, to supply such\ninformation as may be required concerning their or its business,\nbusiness practices or business methods, or proposed business practices\nor methods.\n 6. For the purpose of enforcing the provisions of this article and in\nmaking investigations relating to any violation thereof, and for the\npurpose of investigating the character, competency and integrity of the\napplicants or licensees hereunder, and for the purpose of investigating\nthe business, business practices and business methods of any applicant\nor licensee, or of the officers or agents thereof, the department of\nstate, acting by such officer or person in the department as the\nsecretary of state may designate, shall have the power to subpoena and\nbring before the officer or person so designated any person in this\nstate and require the production of any books or papers which he deems\nrelevant to the inquiry and administer an oath to and take testimony of\nany person or cause his deposition to be taken with the same fees and\nmileage and in the same manner as prescribed by law for civil cases in a\ncourt of record, except that any applicant or licensee or officer or\nagent thereof shall not be entitled to such fees and/or mileage. Any\nperson, duly subpoenaed, who fails to obey such subpoena without\nreasonable cause or without such cause refuses to be examined or to\nanswer any legal or pertinent question as to the character or\nqualification of such applicant or licensee or such applicant's or\nlicensee's business, business practices and methods or such violations,\nshall be guilty of a misdemeanor.\n 7. In any criminal proceeding before any court or grand jury, or upon\nany investigation before the department of state for a violation of any\nof the provisions of this section, the court or grand jury, or the\nsecretary of state, his deputy or other officer conducting the\ninvestigation, may confer immunity, in accordance with the provisions of\nsection 50.20 or 190.40 of the criminal procedure law.\n 8. Notwithstanding any inconsistent provision of law, with respect to\nviolations of section four hundred forty-two-h of this article, the\nsecretary of state is authorized, upon the complaint of any person or on\nhis or her own initiative, to investigate and prosecute violations of\nthe provisions of such section by persons not licensed pursuant to this\narticle and may impose a fine not exceeding one hundred fifty dollars\nfor the first violation, not exceeding five hundred dollars for a second\nviolation, and not exceeding one thousand dollars for a third and each\nsubsequent violation. The attorney general, acting on behalf of the\nsecretary of state, may commence an action or proceeding in a court of\ncompetent jurisdiction to obtain a judgment against such unlicensed\nperson in an amount equal to that imposed as a fine.\n