2023 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.