New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle BB - State Energy Office
Chapter IV - Fuel Allocation And Energy Emergency Procedures
Subchapter D - Standby State Fuel Set-aside Program
Part 7905 - Compliance And Enforcement
Section 7905.6 - Enforcement procedures

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The civil penalty provided for in section 7905.5(a) of this part shall be recovered in an action or special proceeding pursuant to New York State Energy Law, section 10-107(2) and this section brought by the Attorney General at the request and in the name of the commissioner in any court of competent jurisdiction.

(b) Alternatively, or in addition to the action or proceeding to recover the civil penalty provided by subdivision (a) of this section, the Attorney General, upon the request of the commissioner, may institute an action or proceeding to enjoin any violation of, or to enforce any provision of these regulations or of any order issued pursuant thereto.

(c) Any action of proceeding commenced to recover a penalty may be settled or discontinued by the Attorney General with the consent of the commissioner.

(d) In addition to any action or proceeding provided by subdivisions (a) and (b) of this section, if the commissioner finds that a person may have filed a false written statement with a County Energy Coordinator or the State Energy Office in connection with the State set-aside program, the commissioner may refer the matter to the Attorney General for such action, including criminal prosecution, as may be appropriate.

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