Findings & Penalties
§ C42-11 Findings of violation or infraction; adjudications; final determinations.
A. The Board shall determine whether a participating candidate, his or her principal committee, committee treasurer or any other agent of such candidate has committed a violation or infraction of any provision of this article for which the Board may assess a civil penalty pursuant to this article. The Board shall promulgate rules defining infractions, and such definitions shall include, but not be limited to, failures to comply with the provisions of this article or the rules promulgated hereunder.
B. The Board shall give written notice and the opportunity to appear before the Board to any participating candidate or his or her principal committee, committee treasurer or any other agent of such candidate, if the Board has reason to believe that such has committed a violation or infraction, before assessing any penalty for such action. In the case of a written notice issued prior to the date of an election, or after an election in the case of a notice regarding an alleged failure to respond to a request for audit documentation, such notice may be issued prior to the issuance of a draft audit. The Board shall issue a final determination within 30 days of the conclusion of the adjudication proceeding.
C. The Board shall include in every final determination: notice of the respondent's right to bring a special proceeding challenging the Board's final determination in New York State Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules; and notice of the commencement of the four-month period during which such a special proceeding may be brought pursuant to Article 2 of the Civil Practice Law and Rules.
§ C42-12 Penalties for offenses.
A. Any participating candidate and his or her principal committee that fail to file in a timely manner a statement or record required to be filed by this article or the rules of the Board in implementation thereof or that violate any provision of this article or rule promulgated thereunder, and any committee treasurer or any other agent of a participating candidate who commits such a violation or infraction, shall be subject to a civil penalty in an amount not to exceed $5,000.
B. In addition to the penalties provided by Subsection A, if the aggregate amount of expenditures by a participating candidate and such candidate's principal committee exceed the expenditure limitation contained in this article, such candidate and principal committee shall be subject to a civil penalty in an amount not to exceed three times the sum by which such expenditures exceed the applicable expenditure limitation.
C. The intentional or knowing furnishing of any false or fictitious evidence, books or information to the Board under this article, or the inclusion in any evidence, books, or information so furnished of a misrepresentation of a material fact, or the falsifying or concealment of any evidence, books or information relevant to any audit by the Board or the intentional or knowing violation of any other provision of this article shall be punishable as a Class A misdemeanor in addition to any other penalty as may be provided under law. The Board shall assess penalties for such conduct and seek to recover any public funds obtained.
D. Notwithstanding any provision of the law to the contrary, any participating candidate and his principal committee or any other person who commits any violation of this article or any rules promulgated hereunder and who takes all steps necessary to correct such violation prior to receiving written notice from the Board of the existence of the potential violation shall not be subject to any penalty for such violation.