Section 3391. Revocation and suspension of license or certificate of approval procedure  


Latest version.
  • 1. A proceeding to revoke a license or  certificate
      of  approval  shall  be  commenced  by  a notice served personally or by
      registered  or  certified  mail  upon  the  licensee  or  holder  of   a
      certificate  of  approval directing him to show cause why his license or
      certificate should not be revoked.   Such  notice  shall  set  forth  in
      detail  the grounds for the proposed revocation and shall fix a date for
      hearing not less than fifteen nor more than thirty days from the date of
      such notice.
        2. Simultaneous with the commencement of  a  proceeding  to  revoke  a
      license  or  certificate  or  during  the course of such proceeding, the
      commissioner may in the case of a  clear  and  imminent  danger  to  the
      public  health  or  safety  forthwith  suspend  without prior notice any
      license or certificate theretofore issued.
        3. If the commissioner suspends or revokes a license  or  certificate,
      all  controlled  substances owned or possessed by the licensee or holder
      of a certificate of approval and in the state of New York at the time of
      the suspension or the effective date of the revocation  and  which  such
      licensee  or holder of a certificate of approval is no longer authorized
      to possess, shall be seized or placed under seal in the manner  provided
      in this article.
        4. In lieu of revocation of a license or certificate, the commissioner
      may  impose  a civil penalty not in excess of ten thousand dollars. Such
      penalty may be imposed in lieu of revocation only if the commissioner is
      satisfied that the imposition and payment of such penalty will serve  as
      a sufficient deterrent to future violations.