(a) Violations:

1. (1) failure to comply with any provision of this Part;
2. (2) allow a violation through omission of any provision of this Part;
3. (3) refuse to allow department investigators to inspect premises;

4. (4) fail to respond to a request or a subpoena from the department.

   (b) Penalties.

   For each violation, the department shall impose a penalty of no greater than $5,000. Upon the occasion of a second violation or subsequent violations of this Part, the department shall impose a penalty of no greater than $50,000.

   (c) Enforcement.

5. (1) Administrative hearing. The administrative hearing shall be conducted in accordance with article 3 of the State Administrative Procedure Act ("SAPA") and 19 NYCRR Part 400. The department shall, before imposing any fine pursuant to this Part and/or article 28-E of the General Business Law, and at least 10 days prior to the date set for the hearing, notify in writing the person or entity alleged to be in violation with a statement of charges made and shall afford such person or entity an opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by delivery of same personally, or by mailing same be certified mail to the last known business address of such person or entity or by any method authorized by the Civil Practice Law and Rules. The hearing on such charges shall be at such time and place as the Department shall prescribe.