2013 New York Consolidated Laws
LAB - Labor
Article 16 - (450 - 465) EXPLOSIVES
464 - 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.