§ 44. Prosecution for penalties. 1. Whenever the commissioner shall\nknow or have reason to believe that any penalty has been incurred by any\nperson for a violation of any of the provisions of this chapter, or of\nany other law the enforcement of which is within the jurisdiction of the\ndepartment, or of the rules of the department, or that any sum has been\nforfeited by reason of any such violation, the commissioner may report\nthe facts to the attorney general who may cause an action or proceeding\nto be brought in the name of the people for the recovery of the same.\nSuch action may be brought in the county where the defendant resides or\nthe violation, or any part thereof, occurred.\n 2. In an action for a penalty or forfeiture incurred by reason of the\nviolation of the provisions of this chapter, or of any other law the\nenforcement of which is within the jurisdiction of the department, or of\nthe rules of the department, when the complaint charges a violation of\nany two or more of such provisions, the plaintiff shall not be compelled\nto elect between the counts under such different provisions but shall be\nentitled to recover if it is found that a violation of any of such\nprovisions has been committed for which a penalty or forfeiture is\nimposed.\n 3. If the defendant in such an action shall prove that during any\nportion of the time for which it is sought to recover penalties or\nforfeitures for a violation of a rule or order of the department, the\ndefendant was actually and in good faith prosecuting a suit, action or\nproceeding before the department or in the courts to set aside such rule\nor order, the court shall remit the penalties or forfeitures incurred\nduring the pendency of such action or proceeding.\n
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