2022 New York Laws
PBH - Public Health
Article 33 - Controlled Substances
Title 7 - Offenses, Violations and Enforcement
3391 - Revocation and Suspension of License or Certificate of Approval Procedure.

Universal Citation: NY Pub Health L § 3391 (2022)

§ 3391. Revocation and suspension of license or certificate of approval procedure. 1. A proceeding to revoke a license or certificate of approval shall be commenced by a notice served personally or by registered or certified mail upon the licensee or holder of a certificate of approval directing him to show cause why his license or certificate should not be revoked. Such notice shall set forth in detail the grounds for the proposed revocation and shall fix a date for hearing not less than fifteen nor more than thirty days from the date of such notice.

2. Simultaneous with the commencement of a proceeding to revoke a license or certificate or during the course of such proceeding, the commissioner may in the case of a clear and imminent danger to the public health or safety forthwith suspend without prior notice any license or certificate theretofore issued.

3. If the commissioner suspends or revokes a license or certificate, all controlled substances owned or possessed by the licensee or holder of a certificate of approval and in the state of New York at the time of the suspension or the effective date of the revocation and which such licensee or holder of a certificate of approval is no longer authorized to possess, shall be seized or placed under seal in the manner provided in this article.

4. In lieu of revocation of a license or certificate, the commissioner may impose a civil penalty not in excess of ten thousand dollars. Such penalty may be imposed in lieu of revocation only if the commissioner is satisfied that the imposition and payment of such penalty will serve as a sufficient deterrent to future violations.

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