Section 3396. Violations; penalties  


Latest version.
  • 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.