N.Y. General Business Law § 490-g: Enforcement

§ 490-g. Enforcement. 1. Where it is determined after a hearing that

any person has violated one or more provisions of this article, the

secretary may assess a civil penalty no greater than five thousand

dollars for each violation. Any proceeding conducted pursuant to this

section shall be subject to the state administrative procedure act. Upon

the occasion of a second violation or subsequent violations of this

article, a civil penalty no greater than fifty thousand dollars may be

assessed.

2. The department shall provide the attorney general any information

on recalled or unsafe products, complaints regarding recalled or unsafe

products and violations of this section that are necessary for the

purposes of enforcement by the attorney general pursuant to section

sixty-three of the executive law.

3. The secretary or his or her designee may administer oaths and take

affidavits in relation to any matter or proceeding in the exercise of

the powers and duties under this article. The secretary or his or her

designee may subpoena and require the attendance of witnesses and the

production of books, papers, contracts and any other documents

pertaining to any investigation or hearing conducted pursuant to this

article.

4. If any person refuses to comply with a subpoena issued under this

section, the department may petition a court of competent jurisdiction

to enforce the subpoena and such sanctions as the court may direct.

5. Nothing in this section shall be construed to restrict any right

which any person may have under any other statute or at common law.