N.Y. Energy Law 5-119 – Violations; sanctions
§ 5-119. Violations; sanctions. 1. Every person shall obey, observe and comply with the provisions of this chapter and with every order, rule or regulation issued or made pursuant to this chapter, so long as the same shall be and remain in force. Any person who violates any provision of this chapter or who fails, omits or neglects to obey, observe or comply with any order, rule or regulation issued pursuant to this chapter, either personally or through an agent or employee, shall forfeit to the people of the state of New York a civil penalty not to exceed one thousand dollars for each and every offense or three times the profit received from each violation, whichever is greater, except to the extent that a different civil penalty is specifically provided for by another provision of this chapter. Every violation pursuant thereto, shall be a separate and distinct offense, and, in the case of a continuing violation, every day's continuance thereof shall be a separate and distinct offense, except to the extent that another provision of this chapter specifically provides otherwise.
Terms Used In N.Y. Energy Law 5-119
- Continuance: Putting off of a hearing ot trial until a later time.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
2. At the request of the commissioner, the attorney general may bring an action or special proceeding to recover a civil penalty provided for by this chapter in any court of competent jurisdiction in this state, in the name of the people of the state of New York, except where another provision of this chapter specifically provides for a different means of recovering such penalty. A penalty may be released or compromised, and an action or proceeding to recover the same may be settled and discontinued, by the attorney general with the consent of the commissioner. In any action or proceeding pursuant to this section, all penalties incurred up to the time of commencing the same may be sued for and recovered therein, and the commencement of an action or proceeding shall not be a waiver of the right to recover any other penalty. All moneys recovered in any such action or proceeding, together with the costs thereof, shall be paid into the state treasury to the credit of the general fund.
3. Alternatively, or in addition to any action or special proceeding to recover a civil penalty provided for by this chapter, the attorney general, at the request of the commissioner, may bring an action or special proceeding in any court of competent jurisdiction to enjoin the violation of any provision of this chapter, or any order, rule or regulation issued pursuant to this chapter, and to seek other appropriate relief, including but not limited to abatement of the violation and restitution; provided, however, that to the extent that another provision of this chapter specifically provides for injunctive or other appropriate relief, its terms shall apply to such action or proceeding. Upon a proper showing, a temporary restraining order, a preliminary injunction, a permanent injunction and other appropriate relief shall be granted.