N.Y. Public Health Law § 3391: Revocation and suspension of license or certificate of approval procedure

§ 3391. Revocation and suspension of license or certificate of

approval procedure. 1. A proceeding to revoke a license or certificate

of approval shall be commenced by a notice served personally or by

registered or certified mail upon the licensee or holder of a

certificate of approval directing him to show cause why his license or

certificate should not be revoked. Such notice shall set forth in

detail the grounds for the proposed revocation and shall fix a date for

hearing not less than fifteen nor more than thirty days from the date of

such notice.

2. Simultaneous with the commencement of a proceeding to revoke a

license or certificate or during the course of such proceeding, the

commissioner may in the case of a clear and imminent danger to the

public health or safety forthwith suspend without prior notice any

license or certificate theretofore issued.

3. If the commissioner suspends or revokes a license or certificate,

all controlled substances owned or possessed by the licensee or holder

of a certificate of approval and in the state of New York at the time of

the suspension or the effective date of the revocation and which such

licensee or holder of a certificate of approval is no longer authorized

to possess, shall be seized or placed under seal in the manner provided

in this article.

4. In lieu of revocation of a license or certificate, the commissioner

may impose a civil penalty not in excess of ten thousand dollars. Such

penalty may be imposed in lieu of revocation only if the commissioner is

satisfied that the imposition and payment of such penalty will serve as

a sufficient deterrent to future violations.