New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter F - Industrial Hemp › Part 159 - License to Grow and Research Hemp › Section 159.8 - Granting, denying, and revoking licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Commissioner may decline to grant an
				  application for a license, may decline to renew or may revoke, suspend and/or
				  impose conditions thereon, if he or she finds, after due notice and an
				  opportunity to be heard, that the applicant or licensee:
(i) is not qualified to properly conduct the
				  business of growing hemp; or
(ii)
				  has committed any acts injurious to the public health or welfare that are
				  related to an issued grower license; or
(iii) is found to be growing cannabis
				  exceeding the acceptable hemp THC level with a culpable mental state greater
				  than negligence; or
(iv) has been
				  found to have been negligently violating the provisions of this Part three
				  times within a five-year period; or
(v) does not have adequate facilities,
				  equipment, or security to cultivate or handle hemp; or
(vi) has failed to prepare or keep required
				  records, after notice and failure to cure; or
(vii) has failed to submit all reports
				  required to be submitted by a licensee, after notice and failure to cure;
				  or
(viii) has made a material
				  misstatement in the application for license or in any statement or record made
				  or furnished to the Department; or
(ix) the applicant or any of an applicant's
				  key participants have been convicted of a felony under State or federal law
				  relating to a controlled substance, and the denial of such license is
				  permissible under the State law, or if the applicant or any of the applicant's
				  key participants have been convicted under State or federal law relating to a
				  controlled substance within the past ten years, except for those persons
				  lawfully growing hemp under the 2014 Farm Bill research program before December
				  20, 2018, and whose conviction occurred before December 20, 2018; or
(x) if a corporation, limited liability
				  company, or partnership, has a person therein, who is a key participant who was
				  responsible, in whole or in part, for any act for which a license may be
				  denied, not renewed, or revoked; or
(xi) is not capable of complying, or has
				  failed to comply, with the requirements set forth in this Part or is otherwise
				  incapable, or has failed to comply, with other legal requirements related,
				  directly or indirectly, to the growing of hemp; or
(xii) has grown or handled hemp outside the
				  authorization granted by its license or has engaged in processing other than
				  processing in connection with the growth and cultivation of hemp, retail sale
				  or other hemp related activity without a required license; or
(xiii) is seeking authorization for a person
				  whose license has been suspended, revoked, or who is otherwise ineligible to be
				  licensed as a grower; or
(xiv) is
				  seeking authorization to grow hemp on land that is currently an authorized
				  growing location for another licensee.