2023 New York Laws › EXC - Executive › Article 7 - Miscellaneous Provisions › 170-C - Regulatory Penalties for Small Businesses.

* §  170-c.  Regulatory  penalties  for  small  businesses.  1. Unless
  explicitly exempted or excluded by any other law,  rule  or  regulation,
  upon  a  first  time  violation of a state agency's rules or regulations
  related to paperwork submitted to a state agency or actions or omissions
  that are determined by such state agency  to  be  de  minimus,  a  small
  business,  as defined in subdivision eight of section one hundred two of
  the state administrative procedure act, shall be afforded a cure  period
  or  other  opportunity  for  ameliorative action if the violation can be
  corrected,  the  successful  completion  of  which  will   prevent   the
  imposition  of  penalties on the party or parties subject to enforcement
  of such de minimus violation. However, no waiver of  penalties  or  cure
  period  or other opportunity for ameliorative action may be given if the
  agency determines that the violation may result in  a  natural  resource
  damage  claim  or serious actual harm, or may present an endangerment to
  public safety, human health or the environment, is a violation of  human
  or  civil  rights  law,  results  in loss of employee wages or benefits,
  interferes with any remedy, review, or resolution related to  harassment
  or  discrimination  claims,  was or is a willful violation, involves tax
  fraud, violates requirements related to federal funding  to  the  state,
  relates to state funding or procurement, is similar to prior violations,
  is  a  penal law violation, relates to a material or substantive portion
  of the business, or is in contravention of the  public  interest  and/or
  policy  reflected  by the agency's mission. Upon such first violation, a
  state agency shall (a) provide the small business with  a  copy  of  the
  applicable  small  business  regulation  guides  pursuant to section one
  hundred two-a of the state administrative procedure act  and  any  other
  helpful  guidance  or  information  detailing  the  agency's  rules  and
  regulations, to the extent such materials exist, or (b)  to  the  extent
  practicable, provide such small business assistance with compliance with
  the agency's rules and regulations. The agency shall have the discretion
  to determine the appropriate period of time to allow such small business
  to  cure  or  take  such  other  ameliorative  action  to  address  such
  violation, which shall be reasonable but shall not be less than  fifteen
  business  days  unless  a  longer  period  is allowed pursuant to law or
  regulation.
2. As used in this section "state agency"  shall  mean  an  agency  as
  defined  in  subdivision  one  of  section  one hundred two of the state
  administrative procedure act; provided that  "state  agency"  shall  not
  include   the   department   of   taxation  and  finance,  the  workers'
  compensation board nor the department of financial services.
3. Nothing herein shall prevent  or  preclude  any  other  waivers  of
  penalties that may be applicable by this or any other agency.
4.  Every  state  agency  shall  provide  to  the  division  for small
  business, created pursuant to section  one  hundred  thirty-two  of  the
  economic   development  law,  the  following  information  covering  the
  previous calendar year, annually by July first following  the  effective
  date  of this subdivision, and every July first thereafter: (a) how many
  cure  periods  or  other  opportunities  for  ameliorative  action  were
  afforded  pursuant to subdivision one of this section and how many small
  businesses made use of such options, (b) how many cure periods and other
  opportunities for ameliorative action were  successfully  completed  and
  resulted  in  the  avoidance  of  a penalty, (c) what, if any, guidance,
  information, and  assistance  with  compliance  was  provided  to  small
  businesses  issued  pursuant to subdivision one of this section, and (d)
  the range of time granted by the state  agency  to  correct  first  time
  violations  and  the  type  of  violations  that  were  ameliorated. The
  division for  small  business  shall  by  October  first  following  the
  effective  date of this subdivision, and every October first thereafter,

  prepare a report compiling this information, by agency, and  shall  post
  this  report  on  its website and shall provide a copy of such report to
  the governor, the speaker of the assembly and the temporary president of
  the senate.
* NB Repealed December 20, 2024