N.Y. Public Health Law § 3316: Granting of renewal of licenses

§ 3316. Granting of renewal of licenses. 1. The commissioner shall

renew a license unless he determines and finds that the applicant:

(a) is unlikely to maintain or be able to maintain effective control

against diversion; or

(b) is unlikely to comply with all federal and state laws applicable

to the manufacture or distribution of the controlled substance or

substances for which the license is sought.

* (c) is unlikely during the period of his or her license to complete

the reports or to pay the ratable share required by title two-A of this

article on or before the required date. Prior evidence of non-compliance

shall constitute substantial evidence of such.

* NB Repealed June 30, 2029

2. For purposes of this section, proof that a licensee, during the

period of his license, has failed to maintain effective control against

diversion or has knowingly or negligently failed to comply with

applicable federal or state laws relating to the manufacture or

distribution of controlled substances, shall constitute substantial

evidence that the applicant will be unlikely to maintain effective

control against diversion or be unlikely to comply with the applicable

federal or state statutes during the period of proposed renewal.