N.Y. Comp. Codes R. & Regs. tit. 6 § 638.12

Current through Register Vol. 46, No. 36, September 4, 2024

Section 638.12 - Enforcement

(a) It is unlawful for any person to make a false statement in connection with applications, plans, specifications and/or reports submitted pursuant to this Part.

(b) Failure to comply with the provisions of this Part may result in penalties as permitted under article 71 of the Environmental Conservation Law.

(c) Alternatively, or in addition to the action or proceeding to recover the civil penalty provided by subdivision (b) of this section, the Attorney General of the State of New York, upon the request of the commissioner, may institute an action or proceeding to enjoin any violation of, or to enforce any provision of these regulations or of any order issued pursuant thereto.

(d) Any action of proceeding commenced to recover a penalty may be settled or discontinued by the Attorney General with the consent of the commissioner.

(e) In addition to any action or proceeding provided by subdivisions (a) and (b) of this section, if the commissioner finds that a person may have filed a false written statement with the State Green Buildings Tax Credit Program, the commissioner may refer the matter to the Attorney General for such action, including criminal prosecution, as may be appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 638.12