NY Lab L § 464 (2021)
2021 New York Laws LAB - Labor Article 16 - Explosives 464 - Costs and Penalties.

§  464.  Costs  and  penalties.  1.  If  the  commissioner directs the storage, destruction or other disposition of explosives pursuant to  the provisions  of  section four hundred fifty-nine or four hundred sixty of this article, the commissioner may issue an order which shall set  forth the  costs  of  such  storage,  transportation, handling, destruction or other disposition and assess  such  costs  against  the  owner  of  such explosives, which shall be in addition to any other penalties imposed.   2. (a) If the commissioner determines that any person has violated any provision  of  this  article,  section  four  hundred  eighty-two of the general business law relating to blasters and  pyrotechnicians,  or  any rule or regulation promulgated thereunder, the commissioner may issue an order  which  shall describe the nature of the violation and assess such person a civil penalty of up to ten thousand dollars per  violation  per day until the violation is corrected. The penalty authorized pursuant to this  paragraph  shall  be  paid  to the commissioner for deposit in the treasury of the state. In assessing  the  amount  of  the  penalty,  the commissioner  shall  give  due consideration to the size of the person's business, the good faith effort  of  the  person,  the  gravity  of  the violation, and the history of previous violations.  (b)  Whenever  the  commissioner  issues  an  order under this section against a person, the commissioner shall serve notice of  the  order  by registered mail upon the person at his or her last known address. Within five  days  of  service of the order, the person may make written demand upon the commissioner for a hearing  whereupon  the  commissioner  shall give  such person written notice of the time and place of the hearing to be held not less than ten days thereafter.  (c) Upon the entry of an order issued following a hearing  under  this section,  any  party aggrieved by an order issued under this subdivision or subdivision one of this section may commence a proceeding for  review thereof  pursuant to article seventy-eight of the civil practice law and rules within thirty days from the notice of the filing of the said order in the office of the commissioner. Said proceeding  shall  be  commenced directly in the Appellate Division of the Supreme Court.  (d) Provided that no proceeding for judicial review as provided for in this  section  shall then be pending and the time for initiation of such proceeding shall have expired, the commissioner may file with the county clerk of the county where the person resides or has a place of business, the order of the  commissioner,  containing  the  amount  of  the  civil penalty.  The filing of such order or decision shall have the full force and effect of a judgment duly docketed in the office of such clerk,  the order or decision may be enforced by and in the name of the commissioner in  the  same  manner,  and  with like effect, as that prescribed by the civil practice law and rules for the enforcement of a money judgment.  (e) A civil penalty provided for  in  this  subdivision  shall  be  in addition  to  and  may be imposed concurrently with any other penalty or remedy provided for in this article.   3. Any person violating any provision of this article, or any rule  or regulation  made  hereunder,  shall  be  guilty  of  a  class  E felony; provided, however, that any person who possesses  an  explosive  without being  duly  licensed  or  otherwise  authorized  to  do  so  under  the provisions of this  article  shall  be  guilty  of  a  class  D  felony. Whenever,  as  a  result  of  a  plea bargaining agreement the charge is reduced to a lesser offense, such offense may, in addition to  any  term of  imprisonment prescribed by such offense, be punishable by a fine not to exceed twenty-five hundred dollars.