§ 37. Consumer protection against substandard shelters. 1. It shall be\nunlawful for any person, firm, association or corporation, or for any\nagent, officer, employee or member thereof to fail to make prompt and\nfull disclosure of the fact that a facility does not comply with the\nplan, regulations or orders of the commission which are in effect\npertaining to shelters:\n (a) in selling or in offering for sale,\n (b) in constructing or in offering to construct, or\n (c) in altering or improving or in offering to alter or improve any\narea or portion of a building, structure or other real property in order\nto provide\nany facility which is represented, either expressly or impliedly, to\nreduce the intensity of fallout radiation and which fails to comply in\nthis respect with such plan, regulations or orders of the commission.\nSuch disclosure shall be made in such form and manner as the commission\nmay by regulation prescribe.\n 2. For purposes of this section, the plan, regulations or orders of\nthe commission pertaining to shelters and to the form and manner by\nwhich disclosure is to be made shall take effect thirty days after\nfiling by the commission in the office of the department of state.\n 3. Any person, firm, association or corporation, or any agent,\nofficer, employee or member thereof, who violates the provisions of\nsubdivision one of this section shall be guilty of a misdemeanor and on\nconviction thereof shall, if a natural person, be punished by a fine not\nexceeding five hundred dollars, or by imprisonment for not longer than\nsix months; and if a firm, association or a corporation by a fine of not\nexceeding five thousand dollars.\n 4. In the alternative, any person, firm, association or corporation,\nor any agent, officer, employee or member thereof, who violates any of\nthe provisions of subdivision one of this section shall be subject, if a\nnatural person, to a civil penalty not exceeding five hundred dollars,\nand, if a firm, association or corporation to a civil penalty not\nexceeding five thousand dollars.\n 5. Whenever the state director shall know or have a reasonable basis\nto believe that there has been a violation of the provisions of\nsubdivision one of this section, he shall report all facts supporting\nsuch knowledge or belief to the attorney general unless he determines to\nproceed administratively pursuant to subdivision eight of this section.\n The attorney general may prosecute any person, firm, association or\ncorporation, or any agent, officer, employee or member thereof, charged\nwith violating the provisions of subdivision one of this section. In all\nsuch criminal proceedings the attorney general may appear in person or\nby his deputy before any court of record or any grand jury and exercise\nall the powers and perform all the duties in respect thereof which the\ndistrict attorney would otherwise be authorized or required to exercise\nor perform; or the attorney general may in his discretion transmit\nevidence, proof and information as to such offense to the district\nattorney of the county in which the accused resides or has its principal\noffice or to the district attorney of the county in which the alleged\nviolation has occurred, and every district attorney to whom such\nevidence, proof and information is so transmitted shall forthwith\nproceed to prosecute the person, firm, association or corporation, or\nany agent, officer, employee or member thereof charged with such\nviolation. In any proceeding wherein the attorney general has appeared\nin person or by deputy, the district attorney shall exercise only such\npowers and perform only such duties as are required of him by the\nattorney general or his deputy.\n Alternatively, the attorney general may cause an action or proceeding\nto be brought in the name and in behalf of the people of the state\nagainst any person, firm, association or corporation, or any agent,\nofficer, employee or member thereof for the recovery of
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