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What is NYC AC § 20-819?

Quick Answer

This section authorizes the department to impose civil penalties for violations of the provisions of this subchapter, following due notice and hearing. The department can render decisions and orders, and penalties are in addition to other remedies. Applies to entities subject to civil penalties under this subchapter.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-819 Hearing authority.

AC § 20-819

a. Notwithstanding any other provision of law, the department shall be authorized, upon due notice and hearing, to impose civil penalties for the violation of the provisions of this subchapter and any rules promulgated thereunder. The department shall have the power to render decisions and orders and to impose civil penalties not to exceed the amounts specified in section 20-818 of this subchapter for each such violation. All proceedings authorized pursuant to this section shall be conducted in accordance with rules promulgated by the commissioner. The penalties provided for in section 20-818 of this subchapter shall be in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings. b. All proceedings under this subchapter shall be commenced by the service of a notice of violation returnable to the administrative tribunal of the department. Notice of any third violation for engaging in a violation of section 20-816 shall state that premises may be ordered sealed after a finding of a third violation. The commissioner shall prescribe the form and wording of notices of violation. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged, and, if sworn to or affirmed, shall be prima facie evidence of the facts contained therein. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2011/017.

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