§ 37. Consumer protection against substandard shelters. 1. It shall be
unlawful for any person, firm, association or corporation, or for any
agent, officer, employee or member thereof to fail to make prompt and
full disclosure of the fact that a facility does not comply with the
plan, regulations or orders of the commission which are in effect
pertaining to shelters:

(a) in selling or in offering for sale,

(b) in constructing or in offering to construct, or

(c) in altering or improving or in offering to alter or improve any
area or portion of a building, structure or other real property in order
to provide
any facility which is represented, either expressly or impliedly, to
reduce the intensity of fallout radiation and which fails to comply in
this respect with such plan, regulations or orders of the commission.
Such disclosure shall be made in such form and manner as the commission
may by regulation prescribe.

2. For purposes of this section, the plan, regulations or orders of
the commission pertaining to shelters and to the form and manner by
which disclosure is to be made shall take effect thirty days after
filing by the commission in the office of the department of state.

3. Any person, firm, association or corporation, or any agent,
officer, employee or member thereof, who violates the provisions of
subdivision one of this section shall be guilty of a misdemeanor and on
conviction thereof shall, if a natural person, be punished by a fine not
exceeding five hundred dollars, or by imprisonment for not longer than
six months; and if a firm, association or a corporation by a fine of not
exceeding five thousand dollars.

4. In the alternative, any person, firm, association or corporation,
or any agent, officer, employee or member thereof, who violates any of
the provisions of subdivision one of this section shall be subject, if a
natural person, to a civil penalty not exceeding five hundred dollars,
and, if a firm, association or corporation to a civil penalty not
exceeding five thousand dollars.

5. Whenever the state director shall know or have a reasonable basis
to believe that there has been a violation of the provisions of
subdivision one of this section, he shall report all facts supporting
such knowledge or belief to the attorney general unless he determines to
proceed administratively pursuant to subdivision eight of this section.

The attorney general may prosecute any person, firm, association or
corporation, or any agent, officer, employee or member thereof, charged
with violating the provisions of subdivision one of this section. In all
such criminal proceedings the attorney general may appear in person or
by his deputy before any court of record or any grand jury and exercise
all the powers and perform all the duties in respect thereof which the
district attorney would otherwise be authorized or required to exercise
or perform; or the attorney general may in his discretion transmit
evidence, proof and information as to such offense to the district
attorney of the county in which the accused resides or has its principal
office or to the district attorney of the county in which the alleged
violation has occurred, and every district attorney to whom such
evidence, proof and information is so transmitted shall forthwith
proceed to prosecute the person, firm, association or corporation, or
any agent, officer, employee or member thereof charged with such
violation. In any proceeding wherein the attorney general has appeared
in person or by deputy, the district attorney shall exercise only such
powers and perform only such duties as are required of him by the
attorney general or his deputy.

Alternatively, the attorney general may cause an action or proceeding
to be brought in the name and in behalf of the people of the state
against any person, firm, association or corporation, or any agent,
officer, employee or member thereof for the recovery of the civil
penalty referred to in subdivision four of this section. Such action may
be brought in the county where the defendant resides or has its
principal office or in the county where the alleged violation has
occurred.

Every action or proceeding, criminal or civil, brought pursuant to
this section must be commenced within three years after the commission
of the acts upon which the action or proceeding is based.

6. All moneys recovered as penalties or fines pursuant to this section
shall be the property of the state.

7. A violation of the provisions of this section shall not be
considered an infraction for purposes of this act.

8. (a) The state director may, on his own motion, investigate or make
inquiry as to any suspected failure to comply with the provisions of
subdivision one of this section.

(b) Whenever it shall appear to the state director, after
investigation, that there has been a violation of the provisions of
subdivision one of this section, he may give written notice to the
alleged violator or violators

(i) setting forth the circumstances upon which the alleged violation
is based, and

(ii) requiring each respondent to appear in person or by attorney
before the state director or his duly designated representative, at the
time and place specified and answer the charges set forth.
At least twenty days notice of such hearing shall be given.

(c) The state director, or any person designated by him for this
purpose, may issue subpoenas and administer oaths in connection with any
investigation or hearing conducted pursuant to this subdivision, and it
shall be the duty of the state director and any persons designated by
him for such purpose to issue subpoenas at the request of and in behalf
of any respondent.

(d) The state director, or any person designated by him for this
purpose, shall not be bound by the law of evidence in conducting the
hearing, but any determination shall be founded upon sufficient legal
evidence to sustain it.

(e) In the hearing, each respondent shall have the right to cross
examine witnesses against him and to produce witnesses and evidence in
his defense.

(f) Upon the conclusion of the hearing, the state director or other
person conducting the hearing shall make such findings and
determinations as he deems warranted by the legal evidence before him
and if a violation of the provisions of subdivision one of this section
is found and determined, the state director may assess a penalty not
exceeding five hundred dollars for each such violation if the respondent
is a natural person and not exceeding five thousand dollars for each
such violation if the respondent is a firm, association or corporation.
The state director shall notify the respondent personally of such
decision in writing or by certified mail.

(g) All findings, determinations and assessments of the state director
pursuant to this subdivision shall be subject to review as provided in
article seventy-eight of the civil practice law and rules. Application
for such review must be made within sixty days after receipt by the
respondent of notification of the decision of the state director.

9. In construing and enforcing the provisions of this section the
action of an agent, officer, employee or member of a person, firm,
association or corporation shall be presumed to be the act of such
person, firm, association or corporation.