reglab/housing_qa huggingface dataset:
NY Pub Health L § 3393 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 7 - Offenses, Violations and Enforcement 3393 - Formal Hearings Procedure.

§  3393. Formal hearings procedure.  1. The commissioner or any person   designated by him for this purpose, shall have the power  to  administer   oaths,  compel  the attendance of witnesses and the production of books,   records and documents and to take proof  and  testimony  concerning  all   matters within the jurisdiction of the department.2.  Notice  of  hearing shall be served at least fifteen days prior to   the date of the hearing, provided, however,  whenever  the  commissioner   has  made  a  preliminary  order  suspending  a license or directing the   cessation of any activity pending the hearing,  the  commissioner  shall   provide  the  person  affected  thereby  with an opportunity to be heard   within five days.3. At a  hearing  any  person  who  is  a  party  thereto  may  appear   personally,  shall  have  the  right  of  counsel, and may cross-examine   witnesses and produce evidence and witnesses in his own behalf.4. Following  a  hearing,  the  commissioner  shall  make  appropriate   findings  of  fact  and  determinations  and  shall  issue  an  order in   accordance therewith.5. The person conducting the hearing shall not be bound by  the  rules   of  evidence but any determination must be founded upon sufficient legal   evidence to sustain it.6. The commissioner may adopt such rules and regulations governing the   procedures to be followed  with  respect  to  the  hearings  as  may  be   consistent with the fair and effective administration of this article.7. Any notice, application, order or other paper required to be served   upon  any  party  to  a proceeding hereunder may be served in person, by   registered mail or by  certified  mail  upon  either  the  party  or  an   attorney who has appeared on his behalf.
NY Pub Health L § 3394 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 7 - Offenses, Violations and Enforcement 3394 - Judicial Review.

§  3394.  Judicial review.   1. All orders or determinations hereunder   shall be subject to judicial review as provided in article seventy-eight   of the civil practice law and rules. In any such proceeding findings  of   fact  made  by  the  commissioner, if supported by substantial evidence,   shall be conclusive.2. Application for such review must be made within  sixty  days  after   service  of  the  order  or determination upon the person whose license,   certificate, right or privilege is affected thereby or upon the attorney   of record for such person.3. An order, or the enforcement of an order revoking or  suspending  a   license   or  revoking  or  cancelling  official  forms  issued  by  the   department, if accompanied by a finding of a clear and  imminent  danger   to  the  public  health  or  safety,  may  not  be temporarily stayed or   restrained prior to a determination on the merits of the application for   judicial review.
NY Pub Health L § 3396 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 7 - Offenses, Violations and Enforcement 3396 - Violations; Penalties.

§  3396.  Violations;  penalties.    1.  In  any  civil,  criminal  or   administrative action or proceeding brought for the enforcement  of  any   provision  of  this  article,  it  shall  not  be necessary to negate or   disprove any exception, excuse, proviso or exemption contained  in  this   article, and the burden of proof of any such exception, excuse, proviso,   or exemption shall be upon the person claiming its benefit.2.  Violation  of any provision of this article for which a penalty is   specifically provided herein shall be  punishable  as  provided  herein.   Violation  of  any  provision  of  this  article for which no penalty is   provided herein shall be punishable as provided in section  twelve-b  of   article one of this chapter or in the penal law.3.  No  person shall be prosecuted for a violation of any provision of   this article if such person has been acquitted or  convicted  under  the   federal controlled substances act, of the same act or omission which, it   is alleged, constitutes a violation of this article.4.  Upon  the  conviction of any person for violating any provision of   this article, a copy of the judgment and sentence, and of the opinion of   the court or judge, if any opinion be filed, shall be sent by the  clerk   of  the court, or by the judge, to the board or officer, if any, by whom   the convicted defendant has been licensed or registered to practice  his   profession, or to carry on his business.5.  Upon  the  imposition  of any penalty, warning, reprimand or other   sanction against any person for violating any provision of this article,   a copy of the order, finding or opinion, if any  is  made  or  rendered,   shall   be   sent   by  the  person  authorized  by  law  to  make  such   determination, to the  board  or  officer  by  whom  the  respondent  is   licensed  or  registered  to  practice  a  profession  or  to carry on a   business.
NY Pub Health L § 3397 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 7 - Offenses, Violations and Enforcement 3397 - Fraud and Deceit.

§ 3397. Fraud and deceit. 1. No person shall:  (a) obtain or attempt to obtain a controlled substance, a prescription for  a  controlled  substance or an official New York State prescription form,  (i) by fraud, deceit, misrepresentation or subterfuge; or  (ii) by the concealment of a material fact; or  (iii) by the use of a false name or the giving of a false address;  (b) wilfully make  a  false  statement  in  any  prescription,  order, application, report or record required by this article;  (c) falsely assume the title of, or represent himself to be a licensed manufacturer,    distributor,    pharmacy,   pharmacist,   practitioner, researcher, approved institutional dispenser, owner  or  employee  of  a registered  outsourcing  facility  or  other  authorized person, for the purpose of obtaining a controlled substance;  (d) make or utter any false or forged prescription or false or  forged written order;  (e)  affix  any  false  or  forged  label  to  a package or receptacle containing controlled substances; or  (f) imprint on or affix to any controlled substance a false or  forged code number or symbol.   2.  Possession  of  a  false  or  forged prescription for a controlled substance by any person other than a pharmacist in the lawful  pursuance of his profession shall be presumptive evidence of his intent to use the same for the purpose of illegally obtaining a controlled substance.   3.  Possession of a blank official New York state prescription form by any person to whom it was  not  lawfully  issued  shall  be  presumptive evidence  of  such  person's  intent  to  use  same  for  the purpose of illegally obtaining a controlled substance.   4. Any person who, in the course of  treatment,  is  supplied  with  a controlled  substance or a prescription therefor by one practitioner and who, without disclosing the fact, is supplied during such treatment with a  controlled  substance  or  a   prescription   therefor   by   another practitioner shall be guilty of a violation of this article.
NY Pub Health L § 3401 (2021)
2021 New York Laws PBH - Public Health Article 34 - Funeral Directing Title 1 - General Provisions 3401 - Funeral Directing; Powers and Duties of Commissioner.

§  3401. Funeral directing; powers and duties of commissioner.  1. The commissioner may, from time to time,  make  and  adopt  such  rules  and regulations  not  inconsistent  with  law as may be necessary (a) in the performance of his duties and in the administration of the provisions of this article; and (b) to govern and regulate the conduct and transaction of the business and  practice  of  funeral  directing,  undertaking  and embalming.   2. The commissioner shall:  (a)  ascertain what constitutes the best tests for determining whether life is extinct, and shall prescribe the application of such  tests,  as he may deem necessary;  (b)  investigate  all  alleged  violations of law and of all rules and regulations relating to funeral directing, undertaking, and embalming;  (c) appoint such personnel as he may deem necessary, who,  subject  to the  supervision,  direction,  and  control  of  the commissioner, shall exercise the powers and perform the duties of the department and  advise the commissioner under this article.
NY Pub Health L § 3403 (2021)
2021 New York Laws PBH - Public Health Article 34 - Funeral Directing Title 1 - General Provisions 3403 - Funeral Directing; Fees; Fines; Penalties; Dispositions.

§  3403.  Funeral  directing; fees; fines; penalties; dispositions. 1. All fees, fines, penalties and other moneys derived from  the  operation of  this  article or rules promulgated pursuant thereto shall be paid to the department and on the fifth day of each month shall be paid  by  the department to the state treasury.   2.  Moneys  received  pursuant  to this article may be refunded to the applicant on proof satisfactory to the commissioner that:  (a) such moneys were in excess of the amounts required by law;  (b) examination for which application has been made and for which  fee has been paid was denied;  (c)  the  individual,  corporation,  or  association which applied for registration or license has ceased business prior to commencement of the period of such registration or license because of death, dissolution, or removal from the state.   3. (a) All licensing and registration fees collected pursuant to  this article shall be deposited into the miscellaneous special revenue fund - 339, the funeral directing program account, which is hereby established.  (b) Monies available in the funeral directing program account shall be used  to  support  the  department's  activities  relating  to  ensuring compliance with the provisions of this chapter as  they  relate  to  the practice of funeral directing.
NY Pub Health L § 3404 (2021)
2021 New York Laws PBH - Public Health Article 34 - Funeral Directing Title 1 - General Provisions 3404 - Construction; Inconsistent Provisions of Other Laws.

§  3404.  Construction;  inconsistent  provisions of other laws.   The   provisions of this article shall supersede any  inconsistent  provisions   of any general, special, or local law.
NY Pub Health L § 3420 (2021)
2021 New York Laws PBH - Public Health Article 34 - Funeral Directing Title 2 - Licensing and Registration 3420 - Funeral Directing; License to Practice Required; Exceptions.

§  3420.  Funeral directing; license to practice required; exceptions. 1. No person shall  engage  in  the  business  or  practice  of  funeral directing,  undertaking, or embalming or transact or hold himself out as transacting or practicing or as being entitled to transact  or  practice funeral  directing,  undertaking  or embalming in this state unless duly licensed according to law, and registered under the provisions  of  this article,  except  that  nothing in this article contained shall prohibit embalming:  (a) by commissioned medical officers in the armed forces of the United States or in the United States public health  service  while  on  active duty in the respective service; or,  (b)  by  any  one actually serving as a member of the resident medical staff of any legally incorporated hospital; or,  (c) by any person duly licensed to practice as a physician or  surgeon in this state.   2.  A  person who holds a license as a funeral director, undertaker or embalmer, as defined herein, and is registered as required herein, shall be entitled to practice as defined and limited by the provisions of  the law  at the time the license was issued, except as otherwise provided by this article.   3. Notwithstanding the  foregoing  provisions  of  this  section,  the commissioner  may in his discretion enter into an agreement with another state of the United States or a province  of  the  Dominion  of  Canada, pursuant  to which agreement any person, duly licensed and registered as a funeral director, undertaker or the equivalent thereof by and in  such other state or province, may enter into this state for the sole purposes of  removing  to  such  other  state  or  province  dead  human  bodies, supervising the delivery to or removal from a  common  carrier  of  such bodies, or burying, cremating, or supervising funeral services over dead human  bodies  brought  from such other state or province as though such person were duly licensed and registered by and  in  this  state  except that  such person shall not maintain an establishment, advertise or hold himself out directly or through any agent or agency or  otherwise  as  a funeral director, undertaker or the equivalent thereof other than in the state or province in which he is registered and licensed.
NY Pub Health L § 3421 (2021)
2021 New York Laws PBH - Public Health Article 34 - Funeral Directing Title 2 - Licensing and Registration 3421 - Funeral Directing; Requirements for License to Practice.

§ 3421. Funeral directing; requirements for license to practice. 1. In order  to  be  licensed, an applicant for licensure shall pass a funeral directing  examination  prepared  or  approved  by  the  department   to determine  his  knowledge  and  fitness  therefor,  as  required by this article. No person shall be permitted to enter funeral director  school, apply  for  a  funeral  directing  examination  or  apply  for a funeral directing license without  submitting  to  the  department  satisfactory evidence of good moral character.   2. Except as provided in subdivision three, the department shall admit to examination any applicant who pays a fee of forty dollars and submits evidence  subscribed and affirmed as true under the penalties of perjury and satisfactory to the department that the applicant:  (a) is a citizen of the United States or an  alien  lawfully  admitted for permanent residence in the United States;  (b) has satisfactorily completed a course of collegiate level study in funeral  service,  the  curriculum  of  which  has  been approved by the department, consisting of not less than ninety quarter credits or  sixty semester  credits  in  an  institution  or  institutions approved by the department or an accrediting agency recognized by the department;  (c) has upon entering an approved institution as herein  provided  for the  purpose  of  beginning  his  funeral service study, registered as a student  with  the  department  upon  a  form  to  be  provided  by  the department,  and  has paid to the department a registration fee of fifty dollars.   3. Delay in registering  as  a  student  as  herein  required  may  be excused, in the discretion of the commissioner.   4.  The department shall issue a license to practice funeral directing to an  applicant  for  such  license  on  the  basis  of  the  following procedures:  (a)  who  shall  have  successfully  passed  the examination as herein provided in subdivision one of this section, and  (b) who pays a fee of one hundred twenty-five dollars, and  (c) who, after having passed  such  examination,  serves  a  one  year period  as  a  registered  resident  in  a  manner  satisfactory  to the department, and  (d) who, has passed a second examination after or during  the  serving of  a  one  year  period  as a registered resident. The said examination shall be on the New York state laws, rules and regulations  relating  to funeral directing and shall be prepared or approved by the department of health.
NY Pub Health L § 3422 (2021)
2021 New York Laws PBH - Public Health Article 34 - Funeral Directing Title 2 - Licensing and Registration 3422 - Funeral Directing; Licensing Examinations; Content; Procedure.

§ 3422. Funeral directing; licensing examinations; content; procedure.   1.  The  commissioner  shall  determine  the  subjects of examination of   applicants for license to practice  funeral  directing,  undertaking  or   embalming,  and  the  scope, content and character, of such examinations   which in any examination shall be the same for all candidates.2. Examinations shall be held twice in each year.3. A candidate who fails to attain a passing grade  on  his  licensing   examination is entitled to a maximum of three re-examinations; provided,   however,  that  if such candidate fails to attain a passing grade within   three years after completion of  his  training,  he  must  requalify  in   accordance  with  the  provisions of the public health law and rules and   regulations promulgated thereunder existing and in force as of the  date   of  subsequent  application  for  licensing  examination,  except that a   satisfactorily  completed  required  course  of  study   need   not   be   recompleted.  A  candidate  inducted into the armed forces of the United   States during or after completion of training may  (a)  after  honorable   discharge   or   (b)  after  a  discharge  other  than  bad  conduct  or   dishonorable where the candidate (i)  has  a  qualifying  condition,  as   defined  in section three hundred fifty of the executive law, or (ii) is   a discharged LGBT veteran, as defined in section three hundred fifty  of   the  executive  law,  and  upon  proper  application  as required by the   department be eligible for an exemption with respect to time  served  in   such service.4.  Following  the  close  of  every  written examination prepared and   administered by the department the questions submitted and  the  answers   made  thereto  by the applicant together with a record stating in detail   the result of the examination for each candidate shall be  kept  by  the   department  for  a period of one year. These may be destroyed at the end   of such period.
NY Pub Health L § 3423 (2021)
2021 New York Laws PBH - Public Health Article 34 - Funeral Directing Title 2 - Licensing and Registration 3423 - Funeral Directing; Undertakers and Embalmers; Requirements for License to Practice; Examinations.

§ 3423. Funeral directing; undertakers and embalmers; requirements for   license  to practice; examinations.  1. The department shall continue to   hold re-examinations as may be necessary, as provided by former  article   fourteen  of  the  public  health  law,  as  amended,  and the rules and   regulations promulgated thereunder for applicants who have prior to July   first,  nineteen  hundred  fifty-one,  taken  and  failed  to  pass   an   examination   for   undertaker   or   embalmer  license  until  December   thirty-first, nineteen hundred sixty-three.2. The department shall admit to such  re-examinations  any  applicant   who  pays  a  fee  of  five dollars, is registered as a trainee with the   department and is otherwise qualified in accordance with former  article   fourteen of the public health law as amended.3.  The  department  shall  issue an undertaker or embalmer license to   those who, upon payment of a fee of ten dollars, qualify  in  accordance   with the provisions of this section, and who pass such re-examination.4. An undertaker or embalmer license shall entitle the holders thereof   to practice undertaking or embalming, respectively.5.  Any  person  who  was  a  duly  registered trainee on April first,   nineteen hundred forty-five, and, was in the armed forces of the  United   States  on  April first, nineteen hundred forty-five, and whose training   and experience shall have been interrupted by his service in  the  armed   forces  of  the United States, shall be permitted to resume his training   and experience at any time  within  one  year  after  the  date  of  his   discharge  from  active  service.  The department shall continue to hold   examinations for such candidates for undertaking and  embalmer  licenses   and to issue such licenses as herein provided.
NY Pub Health L § 3424 (2021)
2021 New York Laws PBH - Public Health Article 34 - Funeral Directing Title 2 - Licensing and Registration 3424 - Funeral Directing; Reports by Trainees, Employees and Schools.

§ 3424. Funeral directing; reports by trainees, employees and schools. 1. Each trainee and the employer and funeral director school shall:  (a)  maintain  and  file  such  periodic  records  and  reports as the department shall require; and  (b)  notify  the  department  promptly  of  any   change   in   school registration or change of employment.
NY Pub Health L § 3425 (2021)
2021 New York Laws PBH - Public Health Article 34 - Funeral Directing Title 2 - Licensing and Registration 3425 - Funeral Directing; Schools; Approval.

§  3425.  Funeral  directing;  schools;  approval.   1. Any school for funeral directors may apply to the commissioner for the  issuance  of  a certificate  of approval as maintaining a satisfactory standard, so that students desiring to engage in  the  business  or  practice  of  funeral directing  in the state of New York may receive credit for attendance at such school.   2. Such application shall be made upon a form prescribed and furnished by  the  commissioner  which  shall  contain  such  information  as  the commissioner may require.   3.  (a) The commissioner shall cause to be made such investigation and inspection of such school as he may deem necessary, and  thereafter  the department  shall  issue  a  certificate  of approval to each school for funeral  directors  approved  by  the  department   as   maintaining   a satisfactory standard.  (b) A certificate of approval issued under this section shall be valid for one year.   4. (a) A school for funeral directors located outside the state of New York   shall   pay   the   traveling  and  other  expenses  incurred  by representatives of the  department  in  making  such  investigation  and inspection as the commissioner may prescribe.  (b) Each certificate of approval may be renewed for additional periods of one year.   5. The commissioner may, in lieu of the foregoing approval procedures, accept  the  certification  of  accreditation  issued  by an accrediting organization recognized by the department of health.
NY Pub Health L § 3426 (2021)
2021 New York Laws PBH - Public Health Article 34 - Funeral Directing Title 2 - Licensing and Registration 3426 - Funeral Directing; Licensing Reciprocity With Other States.

§  3426.  Funeral  directing; licensing reciprocity with other states. The commissioner, in his or her discretion, and otherwise subject to the provisions of this article and the rules of the  department  promulgated thereunder  prescribing the qualifications for funeral director license, may endorse, without examination, a funeral director license  issued  by the  proper  authorities  of any other state or political subdivision of the United States, upon payment of a fee of three hundred  dollars,  and upon submission of evidence satisfactory to the commissioner:  (a)  that  such  other  state  or  political subdivision of the United States maintains a system and standard of qualification and  examination for funeral director license, which is substantially equivalent to those required in this state; and,  (b)  that  such  other  state  or  political subdivision of the United States gives similar recognition and endorsement  to  licenses  of  this state; and,  (c)  that  the  applicant  for  such  endorsement, since receiving his license from such other state or political  subdivision  of  the  United States,  has been engaged in the practice of funeral directing for three years or more in one or more of the states or political subdivisions  of the United States; and,  (d)  that  such  applicant  for endorsement is actually engaged in the practice of funeral directing at the time of application for endorsement and is in good and regular standing as a funeral director in each  state or  political  subdivision  of  the United States from which he has ever received a funeral director license.