§ 3391 — Revocation and suspension of license or certificate of approval procedure

§ 3391. Revocation and suspension of license or certificate of\napproval procedure. 1. A proceeding to revoke a license or certificate\nof approval shall be commenced by a notice served personally or by\nregistered or certified mail upon the licensee or holder of a\ncertificate of approval directing him to show cause why his license or\ncertificate should not be revoked. Such notice shall set forth in\ndetail the grounds for the proposed revocation and shall fix a date for\nhearing not less than fifteen nor more than thirty days from the date of\nsuch notice.\n 2. Simultaneous with the commencement of a proceeding to revoke a\nlicense or certificate or during the course of such proceeding, the\ncommissioner may in the case of a clear and imminent danger to the\npublic health or safety forthwith suspend without prior notice any\nlicense or certificate theretofore issued.\n 3. If the commissioner suspends or revokes a license or certificate,\nall controlled substances owned or possessed by the licensee or holder\nof a certificate of approval and in the state of New York at the time of\nthe suspension or the effective date of the revocation and which such\nlicensee or holder of a certificate of approval is no longer authorized\nto possess, shall be seized or placed under seal in the manner provided\nin this article.\n 4. In lieu of revocation of a license or certificate, the commissioner\nmay impose a civil penalty not in excess of ten thousand dollars. Such\npenalty may be imposed in lieu of revocation only if the commissioner is\nsatisfied that the imposition and payment of such penalty will serve as\na sufficient deterrent to future violations.\n