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This entry was published on 2014-09-22
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SECTION 728
Enforcement of financial reporting and accounting duties
Labor (LAB) CHAPTER 31, ARTICLE 20-A
§ 728. Enforcement of financial reporting and accounting duties. 1.
Any officer, agent, or employee of any labor organization or employer
organization, or any employer or labor relations consultant who wilfully
fails or refuses to comply with any provision of sections seven hundred
twenty-six or seven hundred twenty-seven of this article shall be guilty
of a misdemeanor, punishable by imprisonment for not more than one year,
or by a fine of not more than one thousand dollars, or by both.

2. Any officer, agent, or employee of a labor organization or employer
organization, or any employer or labor relations consultant who
knowingly causes any person to fail or refuse to comply with any
provision of sections seven hundred twenty-six or seven hundred
twenty-seven of this article shall be guilty of a misdemeanor,
punishable by imprisonment for not more than one year, or by a fine of
not more than one thousand dollars, or by both.

3. Any prosecution brought under subdivisions one and two of this
section shall, in the case of a labor organization or an employer
organization, be conducted in the county where such organization has a
place of business and, in the case of an employer or labor relations
consultant, in the county where such person resides or has a place of
business; provided, however, that if such organization does not have a
place of business within the state of New York or such person has
neither a residence nor place of business within the state, the
prosecution shall be conducted in the county of Albany.

4. If any officer, agent, or employee of a labor organization or
employer organization, or any employer or labor relations consultant
fails or refuses to comply with any provision of sections seven hundred
twenty-six or seven hundred twenty-seven of this article, or causes any
person to fail or refuse to comply with the provisions of these
sections, the industrial commissioner may issue an order directing
compliance. If the order is not complied with within ten days after
issuance, there may be instituted in the name of the people of the state
a proceeding to compel compliance with these sections.