N.Y. Comp. Codes R. & Regs. tit. 9 § 114.17

Current through Register Vol. 46, No. 36, September 4, 2024

Section 114.17 - Penalties

(a) Licensees under this Part shall comply with all applicable laws, rules and regulations as it relates to such licensure.

(b) Failure to comply with a requirement of Article 5 of the Cannabis Law or this Part may be punishable by a civil penalty, as follows:

(i) a fine of up to $1,000 for a first violation;

(ii) a fine up to $5,000 for a second violation within three-years; or

(iii) a fine up to $10,000 for a third violation and each subsequent violation thereafter, within a three-year period.

(c) Where a licensee willfully violates, refuses or neglects to comply with one or more sections of this Part, the office may limit, suspend, revoke or annul a license after providing notice and an opportunity for a hearing to the licensee. However, a license may be temporarily limited, suspended, revoked or annulled without a hearing for a period not to exceed 30-days, upon notice to the licensee, following a finding by the office that the public health, safety or welfare is in imminent danger.

(d) A licensee who negligently violates this Part three times in a five-year period shall be ineligible to process or sell cannabinoid hemp for a period of five years beginning on the date of the third violation. The office, for good cause shown, may choose to impose a lesser penalty.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 114.17

Adopted New York State Register November 24, 2021/Volume XLIII, Issue 47, eff. 11/24/2021

Amended New York State Register December 13, 2023/Volume XLV, Issue 50, eff. 12/13/2023