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What is NYC RCNY § 28-05?

Quick Answer

(a) The Department and the Department of Consumer Affairs shall enforce the provisions of the Act and these rules. (b) Violations of this Act shall be punishable as provided by the Act.

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§ 28-05 Enforcement.

RCNY § 28-05

(a)The Department and the Department of Consumer Affairs shall enforce the provisions of the Act and these rules.

(b)Violations of this Act shall be punishable as provided by the Act. Violations of these rules which are not also violations of the Act shall be subject to a penalty not to exceed one thousand dollars ($1,000), in accordance with Section 555(b)(2) of the Charter.

(c)Where a person is found to have violated the Act or these rules, the Department or the Department of Consumer Affairs shall commence a proceeding to recover any civil penalty authorized pursuant to § 17-716 of the Act by the service of a notice of violation returnable to the Administrative Tribunal established by the Board of Health where the Department issues such a notice or to the adjudication division of the Department of Consumer Affairs where such department issues such notice.

(d)In any administrative hearing conducted pursuant to § 17-716 of the Act, a manufacturer shall be permitted to intervene in order to present evidence relevant to the adjudication of the notice of violation.

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