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N.Y. Public Health Law 4366 - Enforcement

New York Laws > Public Health > Article 43-B > § 4366 - Enforcement


Current as of: 2010

ยง 4366. Enforcement. 1. The commissioner may revoke, suspend, limit or annul, a bank or storage facility license or may fine the holder thereof on proof that the license holder or one or more persons in its employ:

    (a) has engaged in misrepresentation in obtaining the license or in the operation of the bank or storage facility;

    (b) has engaged or attempted to engage in or represented itself as being entitled to perform any procurement or storage activity not authorized in the license;

    (c) has demonstrated incompetence or has shown recurrent errors in the performance of procurement or storage activities;

    (d) has been convicted of a felony.

    2. No license shall be revoked, suspended, limited, or annulled or fine imposed without an opportunity for a hearing; provided, however, that a license may be temporarily suspended without a hearing for a period not in excess of sixty days upon notice to the license holder following a finding by the commissioner or his designee that the public health, safety, or welfare is in imminent danger.

    (a) the commissioner or his designee shall fix a time and place for the hearing;

    (b) a copy of the charges, together with a notice of the time and place of the hearing, shall be mailed to the license holder at the address of the bank or storage facility;

    (c) all orders or determinations hereunder shall be subject to review as provided in article seventy-eight of the civil practice law and rules.

    3. The supreme court may enjoin violations or threatened violations of any provisions of this article or of the rules and regulations issued thereunder. Upon request of the commissioner, the attorney general shall maintain an action in the supreme court in the name of the people of the state to enjoin any such violation.

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Questions & Answers: Death and Dying

Please post my comments as written....
My mother passed away in a nursing home. She had a conservator because I had just had a baby. They couln't get hold of me through my phone because it had got shut off. So they sent...
Ashlee, I am sorry for your loss. The conservator had an obligation to carry out your mother's burial wishes. Perhaps she had expressed a wish to be cremated? Also, the conserv...
She was in a vegetative state for two years. I just couldn't make all the decisions about money and medical attention seeing as I'm only 23 and have a one year old baby. So they ca...
And cremation was done before I even found out she passed at least wait til I receiveed the letter I am her daughter. ...
Call a few lawyers. Tell them your side. Most lawyers will take on a case pro bono (without charge) if they believe your case will win....

New York Laws: Death and Dying

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