§ 71-4303. Violations of article forty of this chapter.

1. Civil and administrative sanctions. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by, article
forty of this chapter or any rule or regulation promulgated thereunder,
or any terms or conditions of any certificate or permit issued pursuant
thereto, or any final determination or order of the commissioner made
pursuant to this title, shall be liable in the case of a civil penalty
not to exceed twenty-five thousand dollars and an additional penalty of
not more than twenty-five thousand dollars for each day during which
such violation continues, to be assessed by the commissioner after an
opportunity to be heard pursuant to the provisions of section 71-1709 of
this article or by a court in any action or proceeding pursuant to this
title, and, in addition thereto such person may by similar process be
enjoined from continuing such violation. In addition, upon the provision
of notice stating the grounds for its action and giving an opportunity
for hearing, the commissioner may revoke, suspend or deny a certificate
or a renewal of a certificate issued pursuant to article forty of this
chapter. In the case of a second violation, the liability shall be for a
civil penalty not to exceed fifty thousand dollars for such violation
and an additional penalty not to exceed fifty thousand dollars for each
day during which such violation continues.

2. Criminal sanctions. Any person who, having any of the culpable
mental states defined in section 15.05 of the penal law, shall violate
any of the provisions of or who fails to perform any duty imposed by
article forty of this chapter or any rules or regulations promulgated
pursuant thereto, or any term or condition of any certificate or permit
issued pursuant thereto, or any final determination or order of the
commissioner made pursuant to this title shall be guilty of a
misdemeanor and, upon conviction thereof, shall for a first conviction
be punished by a fine not to exceed twenty-five thousand dollars per day
of violation or by imprisonment for a term of not more than one year, or
by both such fine and imprisonment. If the conviction is for an offense
committed after a first conviction of such person under this
subdivision, punishment shall be by a fine not to exceed fifty thousand
dollars per day of violation, or by imprisonment for not more than two
years or by both such fine and imprisonment.