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This entry was published on 2014-09-22
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SECTION 177
Administration and enforcement by attorney general
Executive (EXC) CHAPTER 18, ARTICLE 7-A
§ 177. Administration and enforcement by attorney general. 1. The
attorney general shall make rules and regulations necessary for the
administration of this article including, but not limited to regulations
and waiver procedures that will ensure that charitable organizations do
not have to register twice in relation to the solicitation and
administration of assets, and rules or regulations allowing or requiring
any submission to the attorney general to be effected by electronic
means.

2. Upon a finding by the attorney general that any person has
committed or is committing a violation of any provision of this article,
the attorney general may:

(a) revoke, suspend or deny a registration of a charitable
organization, professional fund raiser, professional solicitor or fund
raising counsel or deny or revoke a claim of exemption or issue an order
directing a charitable organization, professional fund raiser,
professional solicitor, fund raising counsel or commercial co-venturer
to cease and desist specified fund raising activities; and

(b) assess a civil penalty against the violator of not more than one
thousand dollars for each act or omission constituting a violation and
an additional penalty of not more than one hundred dollars for each day
during which such violation continues. Prior to assessing a civil
penalty, the attorney general shall notify the violator in writing by
certified mail to its last known business address that a civil penalty
will be assessed pursuant to this section unless the violation is cured
within thirty days of the date of the mailing of the notice.

3. The attorney general shall, before denying, revoking or suspending
any registration or exemption, or issuing a cease and desist order or
assessing a civil penalty, notify the applicant or registrant in writing
and provide an opportunity for a hearing on a record in reference
thereto in accordance with such rules as the attorney general may
promulgate to effectuate the purposes of this article. Such written
notice may be served by personal delivery to the applicant or registrant
or by registered or certified mail to its last known business address.
Hearings must be requested within twenty days of receipt of the notice
from the attorney general. Any hearing shall be held within thirty days
of the receipt of the request by the attorney general, at such time and
place as the attorney general shall prescribe. The attorney general, or
his or her designee may issue subpoenas in accordance with the civil
practice law and rules, compel the attendance of witnesses at the
hearing, administer oaths, take proof and make determinations of
relevant facts. The respondent may appear at the hearing and may
cross-examine all witnesses and produce evidence on his or her behalf.
The attorney general or his or her designee shall not be bound by the
rules of evidence during the conduct of the hearing. A final
determination shall be made by the attorney general or his or her
designee within ten days of the conclusion of the hearing. The attorney
general shall serve a copy of such determination or order upon the
registrant or applicant personally or by registered or certified mail at
his or her last known business address.

4. The administrative remedies provided by this article shall not be
applicable to any violation of this article which is or was the subject
of any action or proceeding brought by the attorney general.