N.Y. Cannabis Law § 17: Formal hearings; notice and procedure

§ 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 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 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.