2012 New York Consolidated Laws
PBH - Public Health
Article 43-B - (4360 - 4368) ORGAN, TISSUE AND BODY PARTS PROCUREMENT AND STORAGE
4366 - Enforcement.

 
    § 4366. Enforcement. 1. The commissioner may revoke, suspend, limit or
  annul, a bank or storage facility license or may fine the holder thereof
  on proof that the license holder or one or more persons in its employ:
    (a)  has  engaged  in misrepresentation in obtaining the license or in
  the operation of the bank or storage facility;
    (b) has engaged or attempted to engage in  or  represented  itself  as
  being  entitled  to  perform  any  procurement  or  storage activity not
  authorized in the license;
    (c) has demonstrated incompetence or has shown recurrent errors in the
  performance of procurement or storage activities;
    (d) has been convicted of a felony.
    2. No license shall be revoked, suspended,  limited,  or  annulled  or
  fine  imposed  without  an opportunity for a hearing; provided, however,
  that a license may be temporarily suspended  without  a  hearing  for  a
  period  not  in  excess  of sixty days upon notice to the license holder
  following a finding by the commissioner or his designee that the  public
  health, safety, or welfare is in imminent danger.
    (a)  the  commissioner  or his designee shall fix a time and place for
  the hearing;
    (b) a copy of the charges, together with a  notice  of  the  time  and
  place  of  the  hearing,  shall  be  mailed to the license holder at the
  address of the bank or storage facility;
    (c) all orders or determinations hereunder shall be subject to  review
  as  provided  in  article  seventy-eight  of  the civil practice law and
  rules.
    3. The supreme court may enjoin violations or threatened violations of
  any provisions of this article or of the rules  and  regulations  issued
  thereunder. Upon request of the commissioner, the attorney general shall
  maintain an action in the supreme court in the name of the people of the
  state to enjoin any such violation.