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This entry was published on 2014-09-22
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General Business (GBS) CHAPTER 20, ARTICLE 28-E
§ 490-g. Enforcement. 1. Where it is determined after a hearing that
any person has violated one or more provisions of this article, the
secretary may assess a civil penalty no greater than five thousand
dollars for each violation. Any proceeding conducted pursuant to this
section shall be subject to the state administrative procedure act. Upon
the occasion of a second violation or subsequent violations of this
article, a civil penalty no greater than fifty thousand dollars may be

2. The department shall provide the attorney general any information
on recalled or unsafe products, complaints regarding recalled or unsafe
products and violations of this section that are necessary for the
purposes of enforcement by the attorney general pursuant to section
sixty-three of the executive law.

3. The secretary or his or her designee may administer oaths and take
affidavits in relation to any matter or proceeding in the exercise of
the powers and duties under this article. The secretary or his or her
designee may subpoena and require the attendance of witnesses and the
production of books, papers, contracts and any other documents
pertaining to any investigation or hearing conducted pursuant to this

4. If any person refuses to comply with a subpoena issued under this
section, the department may petition a court of competent jurisdiction
to enforce the subpoena and such sanctions as the court may direct.

5. Nothing in this section shall be construed to restrict any right
which any person may have under any other statute or at common law.