N.Y. Exec. Law § 170-c

* § 170-c. Regulatory penalties for small businesses. 1. Unless\nexplicitly exempted or excluded by any other law, rule or regulation,\nupon a first time violation of a state agency's rules or regulations\nrelated to paperwork submitted to a state agency or actions or omissions\nthat are determined by such state agency to be de minimus, a small\nbusiness, as defined in subdivision eight of section one hundred two of\nthe state administrative procedure act, shall be afforded a cure period\nor other opportunity for ameliorative action if the violation can be\ncorrected, the successful completion of which will prevent the\nimposition of penalties on the party or parties subject to enforcement\nof such de minimus violation. However, no waiver of penalties or cure\nperiod or other opportunity for ameliorative action may be given if the\nagency determines that the violation may result in a natural resource\ndamage claim or serious actual harm, or may present an endangerment to\npublic safety, human health or the environment, is a violation of human\nor civil rights law, results in loss of employee wages or benefits,\ninterferes with any remedy, review, or resolution related to harassment\nor discrimination claims, was or is a willful violation, involves tax\nfraud, violates requirements related to federal funding to the state,\nrelates to state funding or procurement, is similar to prior violations,\nis a penal law violation, relates to a material or substantive portion\nof the business, or is in contravention of the public interest and/or\npolicy reflected by the agency's mission. Upon such first violation, a\nstate agency shall (a) provide the small business with a copy of the\napplicable small business regulation guides pursuant to section one\nhundred two-a of the state administrative procedure act and any other\nhelpful guidance or information detailing the agency's rules and\nregulations, to the extent such materials exist, or (b) to the extent\npracticable, provide such small business assistance with compliance with\nthe agency's rules and regulations. The agency shall have the discretion\nto determine the appropriate period of time to allow such small business\nto cure or take such other ameliorative action to address such\nviolation, which shall be reasonable but shall not be less than fifteen\nbusiness days unless a longer period is allowed pursuant to law or\nregulation.\n 2. As used in this section "state agency" shall mean an agency as\ndefined in subdivision one of section one hundred two of the state\nadministrative procedure act; provided that "state agency" shall not\ninclude the department of taxation and finance, the workers'\ncompensation board nor the department of financial services.\n 3. Nothing herein shall prevent or preclude any other waivers of\npenalties that may be applicable by this or any other agency.\n 4. Every state agency shall provide to the division for small\nbusiness, created pursuant to section one hundred thirty-two of the\neconomic development law, the following information covering the\nprevious calendar year, annually by July first following the effective\ndate of this subdivision, and every July first thereafter: (a) how many\ncure periods or other opportunities for ameliorative action were\nafforded pursuant to subdivision one of this section and how many small\nbusinesses made use of such options, (b) how many cure periods and other\nopportunities for ameliorative action were successfully completed and\nresulted in the avoidance of a penalty, (c) what, if any, guidance,\ninformation, and assistance with compliance was provided to small\nbusinesses issued pursuant to subdivision one of this section, and (d)\nthe range of time granted by the state agency to correct first time\nviolations and the type of violations that were ameliorated. The\ndivision for small business shall by October first following the\neffective date of this subdivision, and every October first thereafter,\nprepare a report compiling this information, by agency, and shall post\nthis report on its website and shall provide a copy of such report to\nthe governor, the speaker of the assembly and the temporary president of\nthe senate.\n * NB Repealed December 20, 2027\n