Section 27-1517. Permits for storage, transportation, treatment or disposal of regulated medical waste

1.   In   order  to  assure  that  permits  authorizing  the  storage,
  transportation, treatment or disposal of regulated medical waste are not
  issued to or held by unqualified or unsuitable persons, the commissioner
  may, consistent with articles twenty-three  and  twenty-three-a  of  the
  correction  law,  and the provisions of section 70-0115 of this chapter,
  deny, suspend, revoke or modify  any  permit,  renewal  or  modification
  thereto  for  the  storage,  transportation,  treatment  or  disposal of
  regulated medical waste, upon a written determination that  such  action
  is required to protect the public health and safety and that:
    a.  The  permit  holder or applicant has been finally determined in an
  administrative, civil  or  criminal  proceeding  to  have  violated  any
  provision  of  this  article,  any related order or determination of the
  commissioner, any regulation promulgated pursuant  to  this  article,  a
  material   condition   of  any  permit  issued  thereunder,  or  of  any
  substantially similar statute, regulation, order or permit condition  of
  the federal or other state government relating to the handling, storing,
  treating,  disposing  or  transporting  of solid, hazardous, infectious,
  medical or regulated medical waste; or
    b. Such permit holder or applicant has been previously denied a permit
  for the same or substantially similar activity based upon one or more of
  the provisions of this subdivision; or
    c. Such  permit  holder  or  applicant  has  been  found  in  a  civil
  proceeding  to  have committed a negligent or intentionally tortious act
  in  relation  to  the  handling,   storing,   treating,   disposing   or
  transporting  of  solid,  hazardous,  infectious,  medical  or regulated
  medical waste, or has been convicted in a criminal proceeding of a crime
  involving the handling, storing, treating, disposing or transporting  of
  solid,  hazardous,  infectious,  medical  or  regulated  medical  waste,
  provided, however, that where such conviction is of a  criminal  offense
  under  the laws of any other state or of the United States, such offense
  would constitute a crime under the laws of this state; or
    d. Such permit holder has been convicted of a felony under the laws of
  this state involving fraud, bribery, perjury,  or  theft,  or  has  been
  convicted under the laws of any other state or of the United States of a
  criminal offense which, if committed and prosecuted in this state, would
  constitute a similar felony under such laws of this state.
    e.  Such  permit  holder  or  applicant,  in  any  matter  within  the
  jurisdiction of the department, has been determined  to  have  knowingly
  falsified  a material fact, or knowingly submitted a false statement, or
  knowingly made use of a false statement in connection with any  document
  or application submitted to the department; or
    f. Such permit holder or applicant is either:
    (i) an individual who had a substantial interest in or acted as a high
  managerial   agent   or   director  for  any  corporation,  partnership,
  association or organization which committed an act or failed to act, and
  such act or failure to act could be the basis for the denial of a permit
  pursuant to this section or regulations promulgated thereunder  if  such
  corporation,  partnership,  association  or  organization  applied for a
  permit under this title; or
    (ii) a corporation, partnership, association, or organization, or  any
  principal thereof, or any person holding a substantial interest therein,
  which  committed an act or failed to act, and such act or failure to act
  could be the basis for the denial of a permit pursuant to  this  section
  or  regulations promulgated thereunder if such corporation, partnership,
  association or organization applied for a permit under this title; or

    (iii) a corporation, partnership, association or organization  or  any
  high  managerial  agent  or  director  thereof,  or any person holding a
  substantial  interest  therein,  acting  as  high  managerial  agent  or
  director  for  or holding a substantial interest in another corporation,
  partnership,  association  or  organization  which  committed  an act or
  failed to act, and such act or failure to act could be the basis for the
  denial of a permit pursuant to this section or  regulations  promulgated
  thereunder  had  such  other  corporation,  partnership,  association or
  organization applied for a permit under this title.
    For the purposes of this subdivision, "high managerial agent" has  the
  same meaning as is given that term in section 20.20 of the penal law.
    2.  Any  act  or  failure to act which serves as a basis for denial or
  revocation of a permit pursuant to this subdivision shall have  occurred
  within  five  years from the date on which the application for a permit,
  renewal or modification is submitted to the department or from the  date
  on  which  the  department serves notice of intent to revoke or modify a
  permit issued by the department in relation to an existing permit.
    3. Any person denied a permit, renewal or modification on the  grounds
  specified  in  this  section shall be entitled to a hearing within sixty
  days of such denial in the case of a new permit, or within fifteen  days
  in  the  case  of  a renewal or modification of any existing permit. The
  conduct of such hearing shall be governed by article 70 of this  chapter
  and regulations promulgated thereunder.