N.Y. Executive Law § 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.