N.Y. Cannabis Law 17 – Formal hearings; notice and procedure
§ 17. Formal hearings; notice and procedure. 1. The board, or any person designated by them for this purpose, may issue subpoenas and administer oaths in connection with any hearing or investigation under or pursuant to this chapter, and it shall be the duty of the board and any persons designated by them for such purpose to issue subpoenas at the request of and upon behalf of the respondent.
Terms Used In N.Y. Cannabis Law 17
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
2. The board and those designated by them shall not be bound by the laws of evidence in the conduct of hearing proceedings, but the determination shall be founded upon preponderance of evidence to sustain it.
3. Notice and right of hearing as provided in the state administrative procedure act shall be served at least fifteen days prior to the date of the hearing, provided that, whenever because of danger to the public health, safety or welfare it appears prejudicial to the interests of the people of the state to delay action for fifteen days or with respect to a violation of subdivision one or one-a of section one hundred twenty-five of this chapter, the board may serve the respondent with an order requiring certain action or the cessation of certain activities immediately or within a specified period of less than fifteen days.
4. Service of notice of hearing or order shall be made by personal service or by registered or certified mail. Where service, whether by personal service or by registered or certified mail, is made upon an incompetent, partnership, or corporation, it shall be made upon the person or persons designated to receive personal service by Article 3 of the civil practice law and rules.
5. At a hearing, that to the greatest extent practicable shall be reasonably near the respondent, the respondent may appear personally, shall have the right of counsel, and may cross-examine witnesses against him or her and produce evidence and witnesses on his or her behalf.
6. Following a hearing, the board may make appropriate determinations and issue a final order in accordance therewith. The respondent shall have thirty days to submit a written appeal to the board. If the respondent does not submit a written appeal within thirty days of the determination of the board the order shall be final.
7. The board may adopt, amend and repeal administrative rules and regulations governing the procedures to be followed with respect to hearings, investigations, and other administrative enforcement actions taken pursuant to this chapter, including any such enforcement actions taken against persons not registered, licensed, or permitted under this chapter. Such rules shall be consistent with the policy and purpose of this chapter and the effective and fair enforcement of its provisions.
8. The provisions of this section shall be applicable to all hearings held pursuant to this chapter, except where other provisions of this chapter applicable thereto are inconsistent therewith, in which event such other provisions shall apply.