N.Y. Public Health Law 3313 – Granting of initial license
§ 3313. Granting of initial license. 1. The commisisoner shall grant an initial license or amendment to a license as to one or more of the substances or activities enumerated in the application if he is satisfied that:
Terms Used In N.Y. Public Health Law 3313
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Commissioner: means commissioner of health of the state of New York. See N.Y. Public Health Law 3302
- Diversion: means manufacture, possession, delivery or use of a controlled substance by a person or in a manner not specifically authorized by law. See N.Y. Public Health Law 3302
- 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.
- License: means a written authorization issued by the department or the New York state department of education permitting persons to engage in a specified activity with respect to controlled substances. See N.Y. Public Health Law 3302
(a) the applicant will be able to maintain effective control against diversion of controlled substances;
(b) the applicant will be able to comply with all applicable state and federal laws;
(c) the applicant and its officers are ready, willing and able to properly carry on the manufacturing or distributing activity for which a license is sought;
(d) the applicant possesses sufficient land, buildings and equipment to properly carry on the activity described in the application;
(e) it is in the public interest that such license be granted; and
(f) the applicant and its managing officers are of good moral character.
2. If the commissioner is not satisfied that the applicant should be issued an initial license, he shall notify the applicant in writing of those factors upon which further evidence is required. Within thirty days of the receipt of such notification, the applicant may submit additional material to the commissioner or demand a hearing or both.