N.Y. Cannabis Law § 7: Establishment of the cannabis control board or "board"

§ 7. Establishment of the cannabis control board or "board". 1. The

cannabis control board is hereby created and shall consist of a

chairperson nominated by the governor and with the advice and consent of

the senate, with one vote, and four other voting board members as

provided for in subdivision two of this section.

2. Appointments. In addition to the chairperson, the governor shall

have two direct appointments to the board, and the temporary president

of the senate and the speaker of the assembly shall each have one direct

appointment to the board. Appointments shall be for a term of three

years each and should, to the extent possible, be geographically and

demographically representative of the state and communities historically

affected by the war on drugs. Board members shall be citizens and

permanent residents of this state. The chairperson and the remaining

members of such board shall continue to serve as chairperson and members

of the board until the expiration of the respective terms for which they

were appointed. Upon the expiration of such respective terms the

successors of such chairperson and members shall be appointed to serve

for a term of three years each and until their successors have been

appointed and qualified. The members shall, when performing the work of

the board, be compensated at a rate of two hundred sixty dollars per

day, together with an allowance for actual and necessary expenses

incurred in the discharge of their duties. No member or member's spouse

or minor child shall have any interest in an entity regulated by the

board.

3. Expenses. Each member of the board shall be entitled to their

expenses actually and necessarily incurred by them in the performance of

their duties.

4. Removal. Any member of the board may be removed by the governor for

good cause after notice and an opportunity to be heard. A statement of

the good cause for their removal shall be filed by the governor in the

office of the secretary of state.

5. Vacancies; quorum. (A) In the event of a vacancy caused by the

death, resignation, removal or inability to perform his or her duties of

any board member, the vacancy shall be filled in the manner as the

original appointment for the remainder of the unexpired term.

(B)(i) In the event of a vacancy caused by the death, resignation,

removal, or inability to act of the chair, the vacancy shall be filled

in the same manner as the original appointment for the remainder of the

unexpired term. Notwithstanding any other provision of law to the

contrary, the governor shall designate one of the remaining board

members to serve as acting chairperson for a period not to exceed six

months or until a successor chairperson has been confirmed by the

senate. Upon the expiration of the six month term, if the governor has

nominated a successor chairperson, but the senate has not acted upon the

nomination, the acting chairperson can continue to serve as acting

chairperson for an additional ninety days or until the governor's

successor chairperson nomination is confirmed by the senate, whichever

comes first;

(ii) The governor shall provide immediate written notice to the

temporary president of the senate and the speaker of the assembly of the

designation of a board member as acting chairperson; and

(iii) If (a) the governor has not nominated a successor chairperson

upon the expiration of the six month term or (b) the senate does not

confirm the governor's successor nomination within the additional ninety

days, the board member designated as acting chairperson shall no longer

be able to serve as acting chairperson and the governor is prohibited

from extending the powers of that acting chairperson or from designating

another board member to serve as acting chairperson.

(C) A majority of the voting board members of the board shall

constitute a quorum for the purpose of conducting the business thereof

and a majority vote of all the members in office shall be necessary for

action. Provided, however, that a board member designated as an acting

chairperson pursuant to this chapter shall have only one vote for

purposes of conducting the business of the cannabis control board.

6. The cannabis control board and office of cannabis management shall

have its principal office in the city of Albany, and maintain branch

offices in the cities of New York and Buffalo and such other places as

it may deem necessary.

The board shall establish appropriate procedures to ensure that

hearing officers are shielded from ex parte communications with alleged

violators and their attorneys and from other employees of the office of

cannabis management and shall take such other steps as it shall deem

necessary and proper to shield its judicial processes from unwarranted

and inappropriate communications and attempts to influence.

7. Disqualification of members of the board and employees of the

office of cannabis management. No member of the board or any officer,

deputy, assistant, inspector or employee or spouse or minor child

thereof shall have any interest, direct or indirect, either proprietary

or by means of any loan, mortgage or lien, or in any other manner, in or

on any premises where cannabis is manufactured or sold; nor shall they

have any interest, direct or indirect, in any business wholly or

partially devoted to the cultivation, manufacture, distribution, sale,

transportation or storage of cannabis, or own any stock in any

corporation which has any interest, proprietary or otherwise, direct or

indirect, in any premises where cannabis or hemp extract is cultivated

or manufactured, distributed, or sold, or in any business wholly or

partially devoted to the cultivation, manufacture, distribution, sale,

transportation or storage of cannabis or hemp extract or receive any

commission or profit whatsoever, direct or indirect, from any person

applying for or receiving any license or permit provided for in this

chapter, or hold any other public office in the state or in any

political subdivision except upon the written permission of the board,

such member of the board or office of cannabis management or officer,

deputy, assistant, inspector or employee thereof may hold the public

office of notary public or member of a community board of education in

the city school district of the city of New York. Anyone who violates

any of the provisions of this section shall be removed.