N.Y. Public Health Law § 4366: Enforcement

§ 4366. Enforcement. 1. The commissioner may revoke, suspend, limit or

annul, a bank or storage facility license or may fine the holder thereof

on proof that the license holder or one or more persons in its employ:

(a) has engaged in misrepresentation in obtaining the license or in

the operation of the bank or storage facility;

(b) has engaged or attempted to engage in or represented itself as

being entitled to perform any procurement or storage activity not

authorized in the license;

(c) has demonstrated incompetence or has shown recurrent errors in the

performance of procurement or storage activities;

(d) has been convicted of a felony.

2. No license shall be revoked, suspended, limited, or annulled or

fine imposed without an opportunity for a hearing; provided, however,

that a license may be temporarily suspended without a hearing for a

period not in excess of sixty days upon notice to the license holder

following a finding by the commissioner or his designee that the public

health, safety, or welfare is in imminent danger.

(a) the commissioner or his designee shall fix a time and place for

the hearing;

(b) a copy of the charges, together with a notice of the time and

place of the hearing, shall be mailed to the license holder at the

address of the bank or storage facility;

(c) all orders or determinations hereunder shall be subject to review

as provided in article seventy-eight of the civil practice law and

rules.

3. The supreme court may enjoin violations or threatened violations of

any provisions of this article or of the rules and regulations issued

thereunder. Upon request of the commissioner, the attorney general shall

maintain an action in the supreme court in the name of the people of the

state to enjoin any such violation.