§ 490-g. Enforcement. 1. Where it is determined after a hearing that\nany person has violated one or more provisions of this article, the\nsecretary may assess a civil penalty no greater than five thousand\ndollars for each violation. Any proceeding conducted pursuant to this\nsection shall be subject to the state administrative procedure act. Upon\nthe occasion of a second violation or subsequent violations of this\narticle, a civil penalty no greater than fifty thousand dollars may be\nassessed.\n 2. The department shall provide the attorney general any information\non recalled or unsafe products, complaints regarding recalled or unsafe\nproducts and violations of this section that are necessary for the\npurposes of enforcement by the attorney general pursuant to section\nsixty-three of the executive law.\n 3. The secretary or his or her designee may administer oaths and take\naffidavits in relation to any matter or proceeding in the exercise of\nthe powers and duties under this article. The secretary or his or her\ndesignee may subpoena and require the attendance of witnesses and the\nproduction of books, papers, contracts and any other documents\npertaining to any investigation or hearing conducted pursuant to this\narticle.\n 4. If any person refuses to comply with a subpoena issued under this\nsection, the department may petition a court of competent jurisdiction\nto enforce the subpoena and such sanctions as the court may direct.\n 5. Nothing in this section shall be construed to restrict any right\nwhich any person may have under any other statute or at common law.\n
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