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Misconduct & Prohibited Acts

Which statement about penalties under Executive Law §135-b is correct?

A

A violation carries no civil penalty if the advertisement is online only.

B

The maximum civil penalty is $1,000; a second violation may lead to suspension, and a third may lead to removal from office.

C

Any first violation automatically revokes the commission permanently.

D

The statute applies equally to attorneys admitted to practice in New York.

Correct Answer

B. The maximum civil penalty is $1,000; a second violation may lead to suspension, and a third may lead to removal from office.

AI Explanation

Executive Law §135-b provides for a civil penalty of up to $1,000. It also allows suspension upon a second violation and removal from office upon a third violation, after notice and opportunity to be heard. Attorneys are excluded from this section.

Misconduct & Prohibited Acts Question #34
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