Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 16-108
Violations, civil liability
Energy (ENG) CHAPTER 17-A, ARTICLE 16
§ 16-108. Violations, civil liability. 1. Any person who issues a
certification that a product listed in subdivision one of section 16-104
of this article complies with the energy efficiency standards
established by this article, knowing that such product does not comply
with those standards, shall be liable for a civil penalty of not more
than ten thousand dollars for each such product certified and an
additional penalty of not more than ten thousand dollars for each day
during which such violation continues.

2. Any person who violates the provisions of subdivision two of
section 16-104 of this article or who fails to perform any duty imposed
by this article, or who violates or fails to comply with any rule,
regulation, determination or order of the secretary of state promulgated
pursuant to this article, shall be liable for a civil penalty of not
more than five hundred dollars for each such violation and an additional
civil penalty of not more than one hundred dollars for each day during
which such violation continues, and, in addition thereto, such person
may be enjoined from continuing such violation.

3. The secretary may cause an investigation to be made of complaints
received concerning violations of this article and may refer the results
of such investigations to the attorney general. The attorney general
shall, at the request of the secretary, or may, on his own initiative,
institute proceedings to enforce the provisions of this article.

4. An action or cause of action for the recovery of a penalty under
this section may be settled or compromised in an amount to be approved
by the secretary either before or after proceedings are brought to
recover such penalties and prior to the entry for judgment therefor.