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This entry was published on 2024-04-28
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SECTION 17
Formal hearings; notice and procedure
Cannabis (CAN) CHAPTER 7-A, ARTICLE 2
³ 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.

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, the cessation of certain activities, or
the sealing of a premises immediately or within a specified period of
less than fifteen days, in accordance with the provisions of this
chapter. Whenever a notice of violation or order has been served,
including an order to seal, the respondent shall be provided an
opportunity to request a hearing pursuant to the procedures established
by the office and in accordance with the state administrative procedure
act and the provisions of this chapter.

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
three of the civil practice law and rules.

5. Upon a demand by the office, a respondent shall furnish to the
office, within five days after a demand, or sooner if the hearing is
scheduled less than five days from the date of demand, a verified
statement setting forth:

(a) If the respondent is a natural person, the respondent's: (i) full
legal name; (ii) date of birth; (iii) current home or business street
address; and (iv) a unique identifying number from: (1) an unexpired
passport; (2) an unexpired state driver's license; or (3) an unexpired
identification card or document issued by a state or local government
agency or tribal authority for the purpose of identification of that
individual;

(b) If the respondent is a partnership, limited liability partnership,
limited liability company, or other unincorporated association,
including a for profit or not-for-profit membership organization or
club, the information required pursuant to paragraph (a) of this
subdivision for all of its partners or members, as well as the state or
other jurisdiction of its formation;

(c) If the respondent is a corporation, its state or other
jurisdiction of incorporation, principal place of business, and any
state or other jurisdiction of which the respondent is a citizen;

(d) If the respondent is not an individual, in addition to any
information provided pursuant to paragraphs (b) and (c) of this
subdivision, and to the extent not previously provided, each beneficial
owner of the respondent by: (i) full legal name; (ii) date of birth;
(iii) current home or business street address; and (iv) a unique
identifying number from: (1) an unexpired passport; (2) an unexpired
state driver's license; or (3) an unexpired identification card or
document issued by a state or local government agency or tribal
authority for the purpose of identification of that individual. As used
in this section, the term "beneficial owner" shall have the same meaning
as defined in 31 U.S.C. ³ 5336(a)(3), as amended, and any regulations
promulgated thereunder.

6. Prior to a hearing, the office may, at its discretion, request a
stay of any proceeding and the board or those designated by them shall
grant such request. The initiation of any action, by or on behalf of the
office, in state or federal court on matters directly or indirectly
related to the subject of any pending administrative proceeding shall,
upon a request by the office, provide sufficient basis for an immediate
stay of such administrative proceeding.

7. 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.

8. Following a hearing, the board may make appropriate determinations
and issue a final order in accordance therewith. Any such order may
include financial penalties as well as injunctive relief, including an
order to seal a premises in accordance with section one hundred
thirty-eight-b of this chapter. The respondent and the office shall have
thirty days to submit a written appeal to the board. If any party fails
to submit a written appeal within thirty days of the determination of
the board the order shall be final.

9. 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.

10. 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.