2006 New York Code - Emergency Suspension Of License Or Registration And Photo Identification Card.



 
    §  22-218  Emergency  suspension  of license or registration and photo
  identification card. Notwithstanding any other provision of this chapter
  or rules promulgated pursuant thereto, the commissioner may,  if  he  or
  she  determines  that  the  conduct  of an unloading business, a loading
  business, a wholesale seafood business or a seafood  delivery  business,
  or  the  presence  of  any person in the market area creates an imminent
  danger to life or property, immediately suspend a license,  registration
  or  a  photo  identification card without a prior hearing, provided that
  provision shall be made for an immediate appeal of such suspension to  a
  deputy  commissioner  of  the department who shall determine such appeal
  forthwith. In  the  event  that  the  deputy  commissioner  upholds  the
  suspension,  an  opportunity  for  a  hearing  shall  be  provided on an
  expedited basis, within a period not to exceed four  business  days  and
  the  commissioner  shall  issue a final determination no later than four
  business days following the conclusion of  such  hearing;  and  provided
  further that the commissioner may, upon application by a business entity
  whose  license  or registration has been suspended, permit such business
  entity to remain in the market area for such time  as  is  necessary  to
  allow  for  the expeditious sale, consignment or removal of a perishable
  product if, in the commissioner's  best  judgment,  such  permission  is
  consistent with the safety of the market area.

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