2023 New York Laws › CAN - Cannabis › Article 2 - New York State Cannabis Control Board › 17 - Formal Hearings; Notice and Procedure.

§  17.  Formal  hearings;  notice  and procedure. 1. The board, or any
person designated by them for this  purpose,  may  issue  subpoenas  and
administer  oaths  in connection with any hearing or investigation under
or pursuant to this chapter, and it shall be the duty of the  board  and
any  persons  designated  by them for such purpose to issue subpoenas at
the request of and upon behalf of the respondent.
2. The board and those designated by them shall not be  bound  by  the
laws  of  evidence  in  the  conduct  of  hearing  proceedings,  but the
determination shall be founded upon preponderance of evidence to sustain
it.
3. Notice and right of hearing as provided in the state administrative
procedure act shall be served at least fifteen days prior to the date of
the hearing, provided that, whenever because of  danger  to  the  public
health, safety or welfare it appears prejudicial to the interests of the
people  of the state to delay action for fifteen days or with respect to
a  violation  of  subdivision  one  or  one-a  of  section  one  hundred
twenty-five  of this chapter, the board may serve the respondent with an
order requiring certain action, the cessation of certain activities,  or
the  sealing  of  a premises immediately or within a specified period of
less than fifteen days,  in  accordance  with  the  provisions  of  this
chapter.  Whenever  a  notice  of  violation  or  order has been served,
including an  order  to  seal,  the  respondent  shall  be  provided  an
opportunity  to request a hearing pursuant to the procedures established
by the office and in accordance with the state administrative  procedure
act and the provisions of this chapter.
4.  Service  of  notice  of hearing or order shall be made by personal
service or by registered or certified mail. Where  service,  whether  by
personal  service  or  by  registered or certified mail, is made upon an
incompetent, partnership, or corporation, it  shall  be  made  upon  the
person  or  persons  designated  to  receive personal service by article
three of the civil practice law and rules.
5. Upon a demand by the office, a  respondent  shall  furnish  to  the
office,  within  five  days  after a demand, or sooner if the hearing is
scheduled less than five days  from  the  date  of  demand,  a  verified
statement setting forth:
(a)  If the respondent is a natural person, the respondent's: (i) full
legal name; (ii) date of birth; (iii) current home  or  business  street
address;  and  (iv)  a  unique identifying number from: (1) an unexpired
passport; (2) an unexpired state driver's license; or (3)  an  unexpired
identification  card  or  document issued by a state or local government
agency or tribal authority for the purpose  of  identification  of  that
individual;
(b) If the respondent is a partnership, limited liability partnership,
limited   liability   company,   or  other  unincorporated  association,
including a for profit  or  not-for-profit  membership  organization  or
club,  the  information  required  pursuant  to  paragraph  (a)  of this
subdivision for all of its partners or members, as well as the state  or
other jurisdiction of its formation;
(c)   If   the  respondent  is  a  corporation,  its  state  or  other
jurisdiction of incorporation, principal  place  of  business,  and  any
state or other jurisdiction of which the respondent is a citizen;
(d)  If  the  respondent  is  not  an  individual,  in addition to any
information  provided  pursuant  to  paragraphs  (b)  and  (c)  of  this
subdivision,  and to the extent not previously provided, each beneficial
owner of the respondent by: (i) full legal name;  (ii)  date  of  birth;
(iii)  current  home  or  business  street  address;  and  (iv) a unique
identifying number from: (1) an unexpired  passport;  (2)  an  unexpired
state  driver's  license;  or  (3)  an  unexpired identification card or

document issued  by  a  state  or  local  government  agency  or  tribal
authority  for the purpose of identification of that individual. As used
in this section, the term "beneficial owner" shall have the same meaning
as  defined  in  31 U.S.C. § 5336(a)(3), as amended, and any regulations
promulgated thereunder.
6. Prior to a hearing, the office may, at its  discretion,  request  a
stay  of  any proceeding and the board or those designated by them shall
grant such request. The initiation of any action, by or on behalf of the
office, in state or federal court  on  matters  directly  or  indirectly
related  to  the subject of any pending administrative proceeding shall,
upon a request by the office, provide sufficient basis for an  immediate
stay of such administrative proceeding.
7.  At  a  hearing,  that  to the greatest extent practicable shall be
reasonably near the respondent, the respondent  may  appear  personally,
shall have the right of counsel, and may cross-examine witnesses against
him or her and produce evidence and witnesses on his or her behalf.
8.  Following a hearing, the board may make appropriate determinations
and issue a final order in accordance  therewith.  Any  such  order  may
include  financial  penalties as well as injunctive relief, including an
order to  seal  a  premises  in  accordance  with  section  one  hundred
thirty-eight-b of this chapter. The respondent and the office shall have
thirty  days to submit a written appeal to the board. If any party fails
to submit a written appeal within thirty days of  the  determination  of
the board the order shall be final.
9.  The  board  may  adopt,  amend and repeal administrative rules and
regulations governing the procedures to  be  followed  with  respect  to
hearings,  investigations,  and other administrative enforcement actions
taken pursuant to this chapter, including any such  enforcement  actions
taken  against persons not registered, licensed, or permitted under this
chapter. Such rules shall be consistent with the policy and  purpose  of
this chapter and the effective and fair enforcement of its provisions.
10. The provisions of this section shall be applicable to all hearings
held  pursuant  to  this  chapter, except where other provisions of this
chapter applicable thereto are inconsistent therewith,  in  which  event
such other provisions shall apply.