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This entry was published on 2017-11-24
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SECTION 1399-T
Enforcement
Public Health (PBH) CHAPTER 45, ARTICLE 13-E
§ 1399-t. Enforcement. 1. For the purpose of this article the term
"enforcement officer" shall mean the board of health of a county or part
county health district established pursuant to title three of article
three of this chapter, or in the absence thereof, an officer of a county
designated for such purpose by resolution of the elected county
legislature or board of supervisors adopted within sixty days after the
effective date of this article. Any such designation shall be filed with
the commissioner within thirty days after adoption. If no such
designation is made, the county will be deemed to have designated the
department as its enforcement officer. Any county that does not
designate an enforcement officer during the time period specified above
may do so at any time, thereafter, such designation will be effective
thirty days after it is filed with the commissioner. The enforcement
officer shall have sole jurisdiction to enforce the provisions of this
article on a county-wide basis pursuant to rules and regulations
promulgated by the commissioner. In a city with a population of more
than one million the enforcement officer shall be the department of
health and mental hygiene of such city which shall have sole
jurisdiction to enforce the provisions of this article in such city.

2. If the enforcement officer determines after a hearing that a
violation of this article has occurred, a civil penalty may be imposed
by the enforcement officer pursuant to section thirteen hundred
ninety-nine-v of this article. When the enforcement officer is the
commissioner, the hearing shall be conducted pursuant to the provisions
of section twelve-a of this chapter. When the enforcement officer is a
board of health or in a city with a population of more than one million,
the department of health and mental hygiene, or an officer designated to
enforce the provisions of this article, the hearing shall be conducted
pursuant to procedures set forth in the county sanitary code, or health
code of such city, or in the absence thereof, pursuant to procedures
established by the elected county legislature or board of supervisors.
No other penalty, fine or sanction may be imposed, provided that nothing
herein shall be construed to prohibit an enforcement officer from
commencing a proceeding for injunctive relief to compel compliance with
this article.

3. Any person who desires to register a complaint under this article
may do so with the appropriate enforcement officer.

4. The owner, manager, operator or other person having control of any
area subject to the provisions of this article, shall inform, or shall
designate an agent who shall be responsible for informing individuals
smoking or vaping in an area in which smoking or vaping is not permitted
that they are in violation of this article.

5. Any person aggrieved by the decision of an enforcement officer
other than the commissioner may appeal to the commissioner to review
such decision within thirty days of such decision. The decision of any
enforcement officer shall be reviewable pursuant to article
seventy-eight of the civil practice law and rules.

6. The enforcement officer, subsequent to any appeal having been
finally determined, may bring an action to recover the civil penalty
provided in section thirteen hundred ninety-nine-v of this article in
any court of competent jurisdiction.

7. An enforcement officer who discovers a retail dealer who or which
does not display a retail dealer certificate of license or registration
from the department of taxation and finance issued pursuant to section
four hundred eighty-a of the tax law shall notify the commissioner of
taxation and finance within thirty days of the name and address of any
such establishment so that the commissioner of taxation and finance can
take appropriate action.