§ 131-a. Penalties for violations. 1. Any railroad company that
operates as a common carrier that violates any provision of article five
of this chapter and regulations promulgated pursuant thereto shall, upon
direction by the commissioner, be liable for a penalty payable to the
people of the state of New York in the amount not to exceed five
thousand dollars.

2. Any railroad company that operates as a common carrier of property
that violates any provision of article five of this chapter and
regulations promulgated pursuant thereto with respect to one or more
freight cars required to be placarded by federal hazardous materials
regulations shall, upon direction by the commissioner, be liable for a
penalty payable to the people of the state of New York in an amount not
to exceed fifteen thousand dollars.

3. Each violation shall be a separate and distinct offense, and, in
case of a continuing violation, every day's continuance thereof shall be
a separate and distinct offense.

4. Before imposing a penalty set forth in this section, the
commissioner shall afford the railroad company notice and an opportunity
to be heard. In assessing the penalty, the commissioner may consider
the following:

a. the railroad company's history of violating the law or the
regulations of the commissioner;

b. if the violation arises out of an accident, whether death or
serious injury occurred as a result of the accident, whether the
accident resulted in an evacuation of the general public for one hour or
more, and whether the accident resulted in the closure of a major
transportation artery or facility for one hour or more; and

c. any other factors the commissioner deems relevant.

5. If such penalty is not paid within four months, the amount thereof
may be entered as a judgment in the office of the clerk of the county of
Albany and in any other county in which the railroad company has a place
of business or through which it operates.