(a) When the New York State Department of State has reason to believe a telemarketer has engaged in repeated unlawful acts in violation of this section, or when a notice of hearing has been issued, the New York State Department of State may request in writing the production of relevant documents and records as part of its investigation. If the person upon whom such request was made fails to produce the documents or records within 30 days after the date of the request, the New York State Department of State may issue and serve subpoenas to compel the production of such documents and records. If any person shall refuse to comply with a subpoena issued under this section, the New York State Department of State may petition a court of competent jurisdiction to enforce the subpoena and such sanctions as the court may direct.

(b) Upon allegation(s) of non-compliance with applicable law, or upon its own initiative, the New York State Department of State may conduct an inquiry as to the sufficiency of any alleged violations. If the New York State Department of State finds any grounds to indicate that a violation(s) may have occurred, the New York State Department of State may, as the public interest demands, send a notice of apparent liability to the alleged violator seeking a response.

(c) The New York State Department of State shall mail a copy of the notice of apparent liability to the last known business address of the alleged violator. Mailing of the notice shall be deemed receipt thereof.

(d) The alleged violator shall respond to the notice no later than 35 days from the date the New York State Department of State mailed such notice.

(e) The New York State Department of State will evaluate such response, conduct a review based on the evidence before it, and provide notice of its decision to the alleged violator within 60 days of receipt of the response. Mailing of the decision shall be deemed receipt thereof.

(f) If the alleged violator disputes the New York State Department of State decision, such violator may file an administrative appeal with the New York State Department of State by requesting in writing an administrative hearing, within 10 days of receipt of the decision. The administrative hearing shall be subject to article 3 of the State Administrative Procedure Act (SAPA) and 19 NYCRR Part 400 with the exception of the appeal provisions set forth in 19 NYCRR section 400.2(j), (k) and (l).

(g) If the alleged violator does not file an administrative appeal by requesting a hearing in writing within 10 days of receipt of such decision, the initial decision of the New York State Department of State is deemed the final decision and the alleged violator shall remit to the New York State Department of State a fine payable to the "New York State Department of State, Division of Consumer Protection" as set out in the initial decision of the New York State Department of State, within 10 days of receipt of the initial decision of the New York State Department of State. An aggrieved party shall have the right to challenge the final agency determination by filing a petition pursuant to article 78 of the Civil Practice Law and Rules.

(h) If an administrative appeal is properly filed, the New York State Department of State shall stay any fine pending the decision of such appeal.

(i) Any facts or evidence received by the New York State Department of State may be used in any proceeding and shall be afforded appropriate consideration by the presiding officer. All evidence shall be kept in the custody of the presiding officer.

(j) Where it is determined after the administrative hearing that the alleged violator has violated one or more provisions of these regulations, the presiding officer may assess a fine not to exceed $11,000 for each violation.

(k) If the alleged violator requests an administrative appeal pursuant to subdivision (f) of this section and an administrative hearing is held, the administrative hearing decision shall constitute a final New York State Department of State decision. Violators shall remit to the New York State Department of State a fine payable to the "New York State Department of State, Division of Consumer Protection" as set out in the administrative hearing decision within 10 days of the receipt of such decision. An aggrieved party shall have the right to challenge the final agency determination by filing a petition pursuant to article 78 of the Civil Practice Law and Rules.

(l) If the alleged violator does not respond to the notice of apparent liability within 35 days of receipt of the notice pursuant to subdivision (d) of this section, said notice of apparent liability shall constitute the final New York State Department of State decision. The alleged violator shall remit to the board a fine payable to the "New York State Department of State, Division of Consumer Protection" as set out in the notice of apparent liability, within 60 days from the date the New York State Department of State mailed such notice. An aggrieved party shall have the right to challenge the final agency determination by filing a petition pursuant to article 78 of the Civil Practice Law and Rules.