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This entry was published on 2014-09-22
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Costs and penalties
§ 464. Costs and penalties. 1. If the commissioner directs the
storage, destruction or other disposition of explosives pursuant to the
provisions of section four hundred fifty-nine or four hundred sixty of
this article, the commissioner may issue an order which shall set forth
the costs of such storage, transportation, handling, destruction or
other disposition and assess such costs against the owner of such
explosives, which shall be in addition to any other penalties imposed.

2. (a) If the commissioner determines that any person has violated any
provision of this article, section four hundred eighty-two of the
general business law relating to blasters and pyrotechnicians, or any
rule or regulation promulgated thereunder, the commissioner may issue an
order which shall describe the nature of the violation and assess such
person a civil penalty of up to ten thousand dollars per violation per
day until the violation is corrected. The penalty authorized pursuant to
this paragraph shall be paid to the commissioner for deposit in the
treasury of the state. In assessing the amount of the penalty, the
commissioner shall give due consideration to the size of the person's
business, the good faith effort of the person, the gravity of the
violation, and the history of previous violations.

(b) Whenever the commissioner issues an order under this section
against a person, the commissioner shall serve notice of the order by
registered mail upon the person at his or her last known address. Within
five days of service of the order, the person may make written demand
upon the commissioner for a hearing whereupon the commissioner shall
give such person written notice of the time and place of the hearing to
be held not less than ten days thereafter.

(c) Upon the entry of an order issued following a hearing under this
section, any party aggrieved by an order issued under this subdivision
or subdivision one of this section may commence a proceeding for review
thereof pursuant to article seventy-eight of the civil practice law and
rules within thirty days from the notice of the filing of the said order
in the office of the commissioner. Said proceeding shall be commenced
directly in the Appellate Division of the Supreme Court.

(d) Provided that no proceeding for judicial review as provided for in
this section shall then be pending and the time for initiation of such
proceeding shall have expired, the commissioner may file with the county
clerk of the county where the person resides or has a place of business,
the order of the commissioner, containing the amount of the civil
penalty. The filing of such order or decision shall have the full force
and effect of a judgment duly docketed in the office of such clerk, the
order or decision may be enforced by and in the name of the commissioner
in the same manner, and with like effect, as that prescribed by the
civil practice law and rules for the enforcement of a money judgment.

(e) A civil penalty provided for in this subdivision shall be in
addition to and may be imposed concurrently with any other penalty or
remedy provided for in this article.

3. Any person violating any provision of this article, or any rule or
regulation made hereunder, shall be guilty of a class E felony;
provided, however, that any person who possesses an explosive without
being duly licensed or otherwise authorized to do so under the
provisions of this article shall be guilty of a class D felony.
Whenever, as a result of a plea bargaining agreement the charge is
reduced to a lesser offense, such offense may, in addition to any term
of imprisonment prescribed by such offense, be punishable by a fine not
to exceed twenty-five hundred dollars.