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This entry was published on 2014-09-22
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SECTION 12-110
Violations
Energy (ENG) CHAPTER 17-A, ARTICLE 12
§ 12-110. Violations. 1. Whenever the attorney general has reason to
believe that any violation of this article is a repeated or persistent
practice, he may bring an action to enjoin such practice and to obtain
restitution for any aggrieved party or parties. In such action
preliminary relief may be granted under article sixty-three of the civil
practice law and rules. Before any violation of this article is sought
to be enjoined, the attorney general shall be required to give the
person against whom such proceeding is contemplated notice by certified
mail and an opportunity to show in writing within five business days
after receipt of notice why proceedings should not be instituted against
him, unless the attorney general shall find, in any case in which he
seeks preliminary relief, that to give such notice and opportunity is
not in the public interest.

2. Any owner of a solar thermal system injured by a violation of any
provision of this article issued pursuant thereto may bring an action in
his own name to enjoin such violation and to recover his actual damages.
In such action, there may be awarded reasonable attorney's fees and
costs to the plaintiff. Nothing in this section shall be construed to
abridge or limit any other right or remedy an owner may have at law or
in equity, statutory or otherwise. Provided, however, that such
individual action shall be precluded if, prior to its commencement, the
attorney general has commenced an action for an injunction and
restitution pursuant to the provisions of subdivision one of this
section.