§ 17 — Formal hearings; notice and procedure

New York § 17

• Jurisdiction: New York
• Law CAN: Cannabis
• Art. 2: New York State Cannabis Control Board

Text

§ 17. Formal hearings; notice and procedure. 1. The board, or any\nperson designated by them for this purpose, may issue subpoenas and\nadminister oaths in connection with any hearing or investigation under\nor pursuant to this chapter, and it shall be the duty of the board and\nany persons designated by them for such purpose to issue subpoenas at\nthe request of and upon behalf of the respondent.\n 2. The board and those designated by them shall not be bound by the\nlaws of evidence in the conduct of hearing proceedings, but the\ndetermination shall be founded upon preponderance of evidence to sustain\nit.\n 3. Notice and right of hearing as provided in the state administrative\nprocedure act shall be served at least fifteen days prior to the date of\nthe hearing, provided that, whenever because of danger to the public\nhealth, safety or welfare it appears prejudicial to the interests of the\npeople of the state to delay action for fifteen days or with respect to\na violation of subdivision one or one-a of section one hundred\ntwenty-five of this chapter, the board may serve the respondent with an\norder requiring certain action, the cessation of certain activities, or\nthe sealing of a premises immediately or within a specified period of\nless than fifteen days, in accordance with the provisions of this\nchapter. Whenever a notice of violation or order has been served,\nincluding an order to seal, the respondent shall be provided an\nopportunity to request a hearing pursuant to the procedures established\nby the office and in accordance with the state administrative procedure\nact and the provisions of this chapter.\n 4. Service of notice of hearing or order shall be made by personal\nservice or by registered or certified mail. Where service, whether by\npersonal service or by registered or certified mail, is made upon an\nincompetent, partnership, or corporation, it shall be made upon the\nperson or persons designated to receive personal service by article\nthree of the civil practice law and rules.\n 5. Upon a demand by the office, a respondent shall furnish to the\noffice, within five days after a demand, or sooner if the hearing is\nscheduled less than five days from the date of demand, a verified\nstatement setting forth:\n (a) If the respondent is a natural person, the respondent's: (i) full\nlegal name; (ii) date of birth; (iii) current home or business street\naddress; and (iv) a unique identifying number from: (1) an unexpired\npassport; (2) an unexpired state driver's license; or (3) an unexpired\nidentification card or document issued by a state or local government\nagency or tribal authority for the purpose of identification of that\nindividual;\n (b) If the respondent is a partnership, limited liability partnership,\nlimited liability company, or other unincorporated association,\nincluding a for profit or not-for-profit membership organization or\nclub, the information required pursuant to paragraph (a) of this\nsubdivision for all of its partners or members, as well as the state or\nother jurisdiction of its formation;\n (c) If the respondent is a corporation, its state or other\njurisdiction of incorporation, principal place of business, and any\nstate or other jurisdiction of which the respondent is a citizen;\n (d) If the respondent is not an individual, in addition to any\ninformation provided pursuant to paragraphs (b) and (c) of this\nsubdivision, and to the extent not previously provided, each beneficial\nowner of the respondent by: (i) full legal name; (ii) date of birth;\n(iii) current home or business street address; and (iv) a unique\nidentifying number from: (1) an unexpired passport; (2) an unexpired\nstate driver's license; or (3) an unexpired identification card or\ndocument issued by a state or local government agency or tribal\nauthority for the purpose of identification of that individual. As used\nin this section, the term "beneficial owner" shall have the same meaning\nas defined in 31 U.S.C. § 5336(a)(3), as amended, and any regulations\npromulgated thereunder.\n 6. Prior to a hearing, the office may, at its discretion, request a\nstay of any proceeding and the board or those designated by them shall\ngrant such request. The initiation of any action, by or on behalf of the\noffice, in state or federal court on matters directly or indirectly\nrelated to the subject of any pending administrative proceeding shall,\nupon a request by the office, provide sufficient basis for an immediate\nstay of such administrative proceeding.\n 7. At a hearing, that to the greatest extent practicable shall be\nreasonably near the respondent, the respondent may appear personally,\nshall have the right of counsel, and may cross-examine witnesses against\nhim or her and produce evidence and witnesses on his or her behalf.\n 8. Following a hearing, the board may make appropriate determinations\nand issue a final order in accordance therewith. Any such order may\ninclude financial penalties as well as injunctive relief, including an\norder to seal a premises in accordance with section one hundred\nthirty-eight-b of this chapter. The respondent and the office shall have\nthirty days to submit a written appeal to the board. If any party fails\nto submit a written appeal within thirty days of the determination of\nthe board the order shall be final.\n 9. The board may adopt, amend and repeal administrative rules and\nregulations governing the procedures to be followed with respect to\nhearings, investigations, and other administrative enforcement actions\ntaken pursuant to this chapter, including any such enforcement actions\ntaken against persons not registered, licensed, or permitted under this\nchapter. Such rules shall be consistent with the policy and purpose of\nthis chapter and the effective and fair enforcement of its provisions.\n 10. The provisions of this section shall be applicable to all hearings\nheld pursuant to this chapter, except where other provisions of this\nchapter applicable thereto are inconsistent therewith, in which event\nsuch other provisions shall apply.\n