2019 New York Laws
EXC - Executive
Article 7-A - 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, and rules or regulations allowing or requiring
any  submission  to  the  attorney  general to be effected by electronic
means.
  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.