Legislation
SECTION 198-A
Enforcement
Transportation (TRA) CHAPTER 61-A, ARTICLE 9
§ 198-a. Enforcement. The department shall enforce this article and
any rules or regulations promulgated pursuant thereto. The attorney
general, in response to a request by the commissioner or a complaint
from a consumer, or on the attorney general's own initiative, may seek
equitable relief to restrain any violation or threatened violation of
section one hundred ninety-one of this article requiring certification
of common carriers of household goods or any rules or regulations
promulgated pursuant to such section. Whenever there shall be a
violation of section one hundred ninety-one of this article or any rule
or regulation promulgated pursuant thereto, an application may be made
by the attorney general in the name of the people of the state of New
York to a court or justice having jurisdiction by a special proceeding
to issue an injunction and upon notice to the defendant of not less than
five days, to enjoin and restrain the continuance of such violation or
to enforce the provisions of such section or such rules and regulations.
If it shall appear to the satisfaction of the court or justice that the
defendant has, in fact, violated section one hundred ninety-one of this
article or any rules or regulations promulgated pursuant thereto, an
injunction may be issued by such court or justice, enjoining and
restraining any further violation, without requiring proof that any
person has, in fact, been injured or damaged thereby.
In any such proceeding, the court may make allowances to the attorney
general as provided in paragraph six of subdivision (a) of section
eighty-three hundred three of the civil practice law and rules, and
direct restitution. Whenever the court shall determine that a violation
of section one hundred ninety-one of this article or any rules or
regulations promulgated pursuant to such section has occurred, the court
may also impose a civil penalty of up to one thousand dollars for each
violation. In connection with any such proposed application, the
attorney general may take proof and make a determination of the relevant
facts and issue subpoenas in accordance with the civil practice law and
rules.
any rules or regulations promulgated pursuant thereto. The attorney
general, in response to a request by the commissioner or a complaint
from a consumer, or on the attorney general's own initiative, may seek
equitable relief to restrain any violation or threatened violation of
section one hundred ninety-one of this article requiring certification
of common carriers of household goods or any rules or regulations
promulgated pursuant to such section. Whenever there shall be a
violation of section one hundred ninety-one of this article or any rule
or regulation promulgated pursuant thereto, an application may be made
by the attorney general in the name of the people of the state of New
York to a court or justice having jurisdiction by a special proceeding
to issue an injunction and upon notice to the defendant of not less than
five days, to enjoin and restrain the continuance of such violation or
to enforce the provisions of such section or such rules and regulations.
If it shall appear to the satisfaction of the court or justice that the
defendant has, in fact, violated section one hundred ninety-one of this
article or any rules or regulations promulgated pursuant thereto, an
injunction may be issued by such court or justice, enjoining and
restraining any further violation, without requiring proof that any
person has, in fact, been injured or damaged thereby.
In any such proceeding, the court may make allowances to the attorney
general as provided in paragraph six of subdivision (a) of section
eighty-three hundred three of the civil practice law and rules, and
direct restitution. Whenever the court shall determine that a violation
of section one hundred ninety-one of this article or any rules or
regulations promulgated pursuant to such section has occurred, the court
may also impose a civil penalty of up to one thousand dollars for each
violation. In connection with any such proposed application, the
attorney general may take proof and make a determination of the relevant
facts and issue subpoenas in accordance with the civil practice law and
rules.