§ 16A-11. Penalties for offenses., Chapter 16A. Ethics, Code of, Code of Ordinances, North Hempstead

Any reporting individual who knowingly and willfully fails to file an annual statement of financial disclosure or who knowingly and willfully with intent to deceive makes a false statement or gives information which such individual knows to be false on such statement of financial disclosure filed pursuant to this chapter shall be assessed a civil penalty in an amount not to exceed $10,000. Any person who knowingly violates any other provision of this chapter shall be assessed a civil penalty in an amount not to exceed $1,000. Assessment of a civil penalty shall be made by the Board of Ethics with respect to persons subject to its jurisdiction. The Board of Ethics, acting pursuant to the law, may impose a civil penalty as aforesaid, and said Board may, in lieu of a civil penalty, refer a violation to the appropriate prosecutor. Upon such conviction, but only after such referral, such violation shall be punishable as a Class A misdemeanor.

A civil penalty for false filing may not be imposed hereunder in the event that a category of value or amount reported upon as required by this chapter is incorrect unless such report information is falsely understated. Notwithstanding any other provision of law to the contrary, no other penalty, civil or criminal, may be imposed for a failure to file or for a false filing of such statement of financial disclosure, except that disciplinary action may be imposed as otherwise provided by law.

The Board of Ethics shall be deemed to be an agency within the meaning of Article 3 of the State Administrative Procedure Act and shall adopt rules governing the conduct of adjudicatory proceedings and appeals relating to the assessment of the civil penalties herein authorized. Such rules, which shall not be subject to the approval requirements of the State Administrative Procedure Act, shall provide for due process procedural mechanisms substantially similar to those set forth in such Article 3, but such mechanisms need not be identical in terms of scope.

Assessment of a civil penalty shall be final unless modified, suspended or vacated within 30 days of imposition and, upon becoming final, shall be subject to review at the instance of the affected reporting individual in proceeding against the Board of Ethics pursuant to Article 78 of the Civil Practice Law and Rules.