N.Y. Comp. Codes R. & Regs. tit. 9 § 465.19

Current through Register Vol. 46, No. 50, December 11, 2024

Section 465.19 - Action to assure compliance by nonresident respondent

(a) Hearing. If the division, in the course of a compliance investigation or otherwise, receives credible information indicating noncompliance with a cease and desist order issued against a respondent nonresident individual or respondent foreign corporation by virtue of section 298-a of the New York State Human Rights Law, the division shall serve upon such respondent a notice summarizing such information and directing such respondent to appear at a hearing and show cause why such respondent should not be prohibited from transacting any business within this State. The notice shall set forth the time and place of the hearing. Such respondent may appear at the hearing, in person or by counsel, and cross-examine witnesses and submit oral testimony and other evidence. Subdivisions (c) through (l) of section 465.12 of this Part and sections 465.13 through 465.15 of this Part shall apply in such cases.

(b) Prohibition order. If, after a hearing held as provided in subdivision (a) of this section, the commissioner finds that such respondent has failed to comply with the cease and desist order, the division, acting by the commissioner, shall issue an order prohibiting such respondent from transacting any business within this State. Such prohibition order shall be subject to judicial review in the manner prescribed by article 78 of the Civil Practice Law and Rules of the State of New York.

(c) Vacating prohibition order. Any prohibition order issued pursuant to subdivision (b) of this section may be vacated by the division upon application made under section 465.20 of this Part, upon satisfactory proof of compliance with the underlying cease and desist order.

(d) Violation a misdemeanor. Any information indicating that a respondent has violated a prohibition order issued pursuant to subdivision (b) of this section shall be referred to the district attorney of the county where the violation occurred. Subdivision 3 of section 298-a of the New York State Human Rights Law makes such violation a class A misdemeanor.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 465.19