2012 New York Consolidated Laws
EXC - Executive
Article 7-A - (171-A - 177) SOLICITATION AND COLLECTION OF FUNDS FOR CHARITABLE PURPOSES
177 - Administration and enforcement by attorney general.

 
    § 177. Administration  and  enforcement  by  attorney  general. 1. The
  attorney general shall make rules  and  regulations  necessary  for  the
  administration of this article including, but not limited to regulations
  and  waiver procedures that will ensure that charitable organizations do
  not  have  to  register  twice  in  relation  to  the  solicitation  and
  administration of assets.
    2.  Upon  a  finding  by  the  attorney  general  that  any person has
  committed or is committing a violation of any provision of this article,
  the attorney general may:
    (a)  revoke,  suspend  or  deny  a  registration   of   a   charitable
  organization,  professional  fund raiser, professional solicitor or fund
  raising counsel or deny or revoke a claim of exemption or issue an order
  directing  a  charitable   organization,   professional   fund   raiser,
  professional  solicitor,  fund raising counsel or commercial co-venturer
  to cease and desist specified fund raising activities; and
    (b) assess a civil penalty against the violator of not more  than  one
  thousand  dollars  for each act or omission constituting a violation and
  an additional penalty of not more than one hundred dollars for each  day
  during  which  such  violation  continues.  Prior  to  assessing a civil
  penalty, the attorney general shall notify the violator  in  writing  by
  certified  mail  to its last known business address that a civil penalty
  will be assessed pursuant to this section unless the violation is  cured
  within thirty days of the date of the mailing of the notice.
    3.  The attorney general shall, before denying, revoking or suspending
  any registration or exemption, or issuing a cease and  desist  order  or
  assessing a civil penalty, notify the applicant or registrant in writing
  and  provide  an  opportunity  for  a  hearing  on a record in reference
  thereto in accordance with  such  rules  as  the  attorney  general  may
  promulgate  to  effectuate  the  purposes  of this article. Such written
  notice may be served by personal delivery to the applicant or registrant
  or by registered or certified mail to its last known  business  address.
  Hearings  must  be requested within twenty days of receipt of the notice
  from the attorney general. Any hearing shall be held within thirty  days
  of  the receipt of the request by the attorney general, at such time and
  place as the attorney general shall prescribe. The attorney general,  or
  his  or  her  designee  may issue subpoenas in accordance with the civil
  practice law and rules,  compel  the  attendance  of  witnesses  at  the
  hearing,  administer  oaths,  take  proof  and  make  determinations  of
  relevant facts. The  respondent  may  appear  at  the  hearing  and  may
  cross-examine  all  witnesses and produce evidence on his or her behalf.
  The attorney general or his or her designee shall not be  bound  by  the
  rules   of   evidence  during  the  conduct  of  the  hearing.  A  final
  determination shall be made by  the  attorney  general  or  his  or  her
  designee  within ten days of the conclusion of the hearing. The attorney
  general shall serve a copy of  such  determination  or  order  upon  the
  registrant or applicant personally or by registered or certified mail at
  his or her last known business address.
    4.  The  administrative remedies provided by this article shall not be
  applicable to any violation of this article which is or was the  subject
  of any action or proceeding brought by the attorney general.