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New York Statutes § 14-209 Enforcement and penalties for violations and other proceedings

⤴ Up to Title II: Public Financing

Statute Text

1. Civil penalties. Violations of any provisions regarding public campaign financing stated in this title or regulation promulgated pursuant to this title shall be subject to a civil penalty in an amount not in excess of fifteen thousand dollars and such other lesser fines as the PCFB may promulgate in regulation. Candidates may contest alleged failures to file, late reports and reports with noticed deficiencies and have an opportunity to be heard by the PCFB. The PCFB shall promulgate a regulation setting forth a schedule of fines for such infractions including those that it may assess directly on violators. The PCFB shall investigate referrals and complaints. After investigation, it may recommend dismissal, settlement, civil action, or referral to law enforcement. The PCFB may assess penalties and it is authorized to commence a civil action in court to enforce all penalties and recover money due.
2. Notice of violation and opportunity to be heard. The PCFB shall:
(a) determine whether a violation of any provision of this title or regulation promulgated hereunder has been committed;
(b) serve written notice upon each person or entity it has reason to believe has committed a violation and such written notice shall describe with particularity the nature of the alleged violation including a written reference to a specific law or regulation alleged to have been violated;
(c) provide such person or entity an opportunity to be heard pursuant to the state administrative procedure act and any regulations of the PCFB; and
(d) if appropriate, assess penalties for violations, following such notice and opportunity to be heard.
3. Criminal conduct. Any person who knowingly and willfully furnishes or submits false statements or information to the PCFB in connection with its administration of this title shall be guilty of a misdemeanor in addition to any other penalty as may be imposed under this chapter or pursuant to any other law. The attorney general, upon referral from the PCFB, shall have exclusive authority to prosecute any such criminal violation. The PCFB shall seek to recover any public matching funds obtained as a result of such criminal conduct.
4. Court proceedings. Proceedings as to public financing brought under this title shall have preference over all other causes in all courts.
(a) The determination of eligibility pursuant to this title and any question or issue relating to payments for campaign expenditures pursuant to this title may be contested in a proceeding instituted in the Supreme Court, Albany county by any aggrieved candidate.
(b) A proceeding with respect to such a determination of eligibility or payment for qualified campaign expenditures pursuant to this chapter shall be instituted within fourteen days after such determination was made. The PCFB shall be made a party to any such proceeding.
(c) Upon the PCFB's failure to receive the amount due from a participating candidate or such candidate's authorized committee after the issuance of written notice of such amount due, as required by this title, the PCFB is authorized to institute a special proceeding or civil action in Supreme Court, Albany county to obtain a judgment for any amounts determined to be payable to the PCFB as a result of an examination and audit made pursuant to this title or to obtain such amounts directly from the candidate or authorized committee after a hearing at the PCFB.
(d) The PCFB shall settle or, in its sole discretion, institute a special proceeding or civil action in Supreme Court, Albany county to obtain a judgment for civil penalties determined to be payable to the PCFB pursuant to this title or to impose such penalty directly after a hearing at the PCFB.

History

Added by New York Laws 2020 , ch. 58 , Sec. ZZZ-4 , eff. 11/9/2022 .

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