§ 4366 — Enforcement

New York § 4366

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: Organ, Tissue and Body Parts Procurement and Storage
• Art. 43-B: Organ Procurement and Donor Support

Text

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