N.Y. Transportation Law § 198-a: Enforcement

§ 198-a. Enforcement. The department shall enforce this article and

any rules or regulations promulgated pursuant thereto. The attorney

general, in response to a request by the commissioner or a complaint

from a consumer, or on the attorney general's own initiative, may seek

equitable relief to restrain any violation or threatened violation of

section one hundred ninety-one of this article requiring certification

of common carriers of household goods or any rules or regulations

promulgated pursuant to such section. Whenever there shall be a

violation of section one hundred ninety-one of this article or any rule

or regulation promulgated pursuant thereto, an application may be made

by the attorney general in the name of the people of the state of New

York to a court or justice having jurisdiction by a special proceeding

to issue an injunction and upon notice to the defendant of not less than

five days, to enjoin and restrain the continuance of such violation or

to enforce the provisions of such section or such rules and regulations.

If it shall appear to the satisfaction of the court or justice that the

defendant has, in fact, violated section one hundred ninety-one of this

article or any rules or regulations promulgated pursuant thereto, an

injunction may be issued by such court or justice, enjoining and

restraining any further violation, without requiring proof that any

person has, in fact, been injured or damaged thereby.

In any such proceeding, the court may make allowances to the attorney

general as provided in paragraph six of subdivision (a) of section

eighty-three hundred three of the civil practice law and rules, and

direct restitution. Whenever the court shall determine that a violation

of section one hundred ninety-one of this article or any rules or

regulations promulgated pursuant to such section has occurred, the court

may also impose a civil penalty of up to one thousand dollars for each

violation. In connection with any such proposed application, the

attorney general may take proof and make a determination of the relevant

facts and issue subpoenas in accordance with the civil practice law and

rules.