N.Y.
Cannabis Law Section 17
Formal hearings
- notice and procedure
1.
The board, or any person designated by them for this purpose, may issue subpoenas and administer oaths in connection with any hearing or investigation under or pursuant to this chapter, and it shall be the duty of the board and any persons designated by them for such purpose to issue subpoenas at the request of and upon behalf of the respondent.2.
The board and those designated by them shall not be bound by the laws of evidence in the conduct of hearing proceedings, but the determination shall be founded upon preponderance of evidence to sustain it.3.
Notice and right of hearing as provided in the state administrative procedure act shall be served at least fifteen days prior to the date of the hearing, provided that, whenever because of danger to the public health, safety or welfare it appears prejudicial to the interests of the people of the state to delay action for fifteen days or with respect to a violation of subdivision one or one-a of § 125 (General prohibitions and restrictions)section one hundred twenty-five of this chapter, the board may serve the respondent with an order requiring certain action, the cessation of certain activities, or the sealing of a premises immediately or within a specified period of less than fifteen days, in accordance with the provisions of this chapter. Whenever a notice of violation or order has been served, including an order to seal, the respondent shall be provided an opportunity to request a hearing pursuant to the procedures established by the office and in accordance with the state administrative procedure act and the provisions of this chapter.4.
Service of notice of hearing or order shall be made by personal service or by registered or certified mail. Where service, whether by personal service or by registered or certified mail, is made upon an incompetent, partnership, or corporation, it shall be made upon the person or persons designated to receive personal service by article three of the civil practice law and rules.5.
Upon a demand by the office, a respondent shall furnish to the office, within five days after a demand, or sooner if the hearing is scheduled less than five days from the date of demand, a verified statement setting forth:(a)
If the respondent is a natural person, the respondent’s:(i)
full legal name;(ii)
date of birth;(iii)
current home or business street address; and(iv)
a unique identifying number from: (1) an unexpired passport; (2) an unexpired state driver’s license; or (3) an unexpired identification card or document issued by a state or local government agency or tribal authority for the purpose of identification of that individual;(b)
If the respondent is a partnership, limited liability partnership, limited liability company, or other unincorporated association, including a for profit or not-for-profit membership organization or club, the information required pursuant to paragraph (a) of this subdivision for all of its partners or members, as well as the state or other jurisdiction of its formation;(c)
If the respondent is a corporation, its state or other jurisdiction of incorporation, principal place of business, and any state or other jurisdiction of which the respondent is a citizen;(d)
If the respondent is not an individual, in addition to any information provided pursuant to paragraphs (b) and (c) of this subdivision, and to the extent not previously provided, each beneficial owner of the respondent by:(i)
full legal name;(ii)
date of birth;(iii)
current home or business street address; and(iv)
a unique identifying number from: (1) an unexpired passport; (2) an unexpired state driver’s license; or (3) an unexpired identification card or document issued by a state or local government agency or tribal authority for the purpose of identification of that individual. As used in this section, the term “beneficial owner” shall have the same meaning as defined in 31 U.S.C. § 5336(a)(3), as amended, and any regulations promulgated thereunder.6.
Prior to a hearing, the office may, at its discretion, request a stay of any proceeding and the board or those designated by them shall grant such request. The initiation of any action, by or on behalf of the office, in state or federal court on matters directly or indirectly related to the subject of any pending administrative proceeding shall, upon a request by the office, provide sufficient basis for an immediate stay of such administrative proceeding.7.
At a hearing, that to the greatest extent practicable shall be reasonably near the respondent, the respondent may appear personally, shall have the right of counsel, and may cross-examine witnesses against him or her and produce evidence and witnesses on his or her behalf.8.
Following a hearing, the board may make appropriate determinations and issue a final order in accordance therewith. Any such order may include financial penalties as well as injunctive relief, including an order to seal a premises in accordance with § 138-B (Orders to seal)section one hundred thirty-eight-b of this chapter. The respondent and the office shall have thirty days to submit a written appeal to the board. If any party fails to submit a written appeal within thirty days of the determination of the board the order shall be final.9.
The board may adopt, amend and repeal administrative rules and regulations governing the procedures to be followed with respect to hearings, investigations, and other administrative enforcement actions taken pursuant to this chapter, including any such enforcement actions taken against persons not registered, licensed, or permitted under this chapter. Such rules shall be consistent with the policy and purpose of this chapter and the effective and fair enforcement of its provisions.10.
The provisions of this section shall be applicable to all hearings held pursuant to this chapter, except where other provisions of this chapter applicable thereto are inconsistent therewith, in which event such other provisions shall apply.
Source:
Section 17 — Formal hearings; notice and procedure, https://www.nysenate.gov/legislation/laws/CAN/17 (updated Apr. 26, 2024; accessed Oct. 26, 2024).
