16-108 - Violations, civil liability. - New York Statutes

§ 16-108. Violations, civil liability. 1. Any person who issues a certification that a product listed in subdivision one of section 16-104 of this article complies with the energy efficiency standards established by this article, knowing that such product does not comply with those standards, shall be liable for a civil penalty of not more than ten thousand dollars for each such product certified and an additional penalty of not more than ten thousand dollars for each day during which such violation continues. 2. Any person who violates the provisions of subdivision two of section 16-104 of this article or who fails to perform any duty imposed by this article, or who violates or fails to comply with any rule, regulation, determination or order of the secretary of state promulgated pursuant to this article, shall be liable for a civil penalty of not more than five hundred dollars for each such violation and an additional civil penalty of not more than one hundred dollars for each day during which such violation continues, and, in addition thereto, such person may be enjoined from continuing such violation. 3. The secretary may cause an investigation to be made of complaints received concerning violations of this article and may refer the results of such investigations to the attorney general. The attorney general shall, at the request of the secretary, or may, on his own initiative, institute proceedings to enforce the provisions of this article. 4. An action or cause of action for the recovery of a penalty under this section may be settled or compromised in an amount to be approved by the secretary either before or after proceedings are brought to recover such penalties and prior to the entry for judgment therefor.