N.Y. Comp. Codes R. & Regs. tit. 21 § 250.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 250.2 - Penalties

Violations of the Lobbying Act can subject an individual or entity to both civil and criminal penalties, as set forth in the act. The commission's direct enforcement authority is limited to the imposition of civil penalties, as set forth in the Lobbying Act. Upon a finding that a violation of the act has occurred, the commission may refer its finding to the appropriate law enforcement official, in addition to imposing a civil penalty.

(a) Civil penalties.

(1) Up to $25,000. The knowing and willful failure to a file a statement of registration, bi-monthly or semi-annual report within the time required or the knowing and willful offering or giving a gift with a value exceeding $75 to a public official will subject the violator to a civil penalty not to exceed $25,000, per violation.

(2) Up to $50,000. The knowing and willful filing of a false statement will subject the violator to a civil penalty not to exceed $50,000, per violation.

(3) Hearing required. The commission may assess a civil penalty only after conducting a hearing at which that party charged shall be entitled to appear, present evidence and be heard. The procedures governing such hearings are set forth in section 250.3 of this Part.

(b) Criminal sanctions.

(1) Class A misdemeanor. Any lobbyist, public corporation or client who knowingly and willfully fails to file a timely statement or report, files false information, or offers or gives a gift with a value exceeding $75 to a public official shall be guilty of a Class A misdemeanor.

(2) Class E felony. Any lobbyist, public corporation or client who knowingly and willfully commits a violation after having previously been convicted of a violation in the preceding five years shall be guilty of a Class E felony.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 250.2