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Misconduct & Prohibited Acts

Which penalty statement is correct for §135-b violations?

A

The first violation requires immediate removal.

B

The second violation may result in suspension, and the third may result in removal.

C

Every violation is a class E felony.

D

No civil penalty may be imposed under §135-b.

Correct Answer

B. The second violation may result in suspension, and the third may result in removal.

AI Explanation

Advertising violations escalate from money exposure to discipline. Executive Law §135-b(5) allows a civil penalty of up to $1,000, suspension on a second violation, and removal from office on a third violation. Unlike a one-strike removal rule, the statute uses a step-up structure.

Misconduct & Prohibited Acts Question #75
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