N.Y. Comp. Codes R. & Regs. tit. 9 § 133.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 133.2 - [Effective until 4/2/2024] Denial of Requests for Change or Amendment of License or Renewals of License

(a) Upon review of a request for change or amendment of a license, including, but not limited, to changes of ownership, or a renewal of a license, the licensee shall be notified whether the request was approved.

(b) If a request is not approved, the notice shall identify the reasons therefore, including the person and particular offense or incident that does not satisfy the requirements and prohibitions of the Cannabis Law or applicable regulations.

(c) The notice shall provide the licensee with the opportunity to cure and the options therefor.

(d) The licensee shall submit the proposed cure no later than the date set forth in the notice of denial of a request for change or amendment of a license or renewal of license.

(e) The denial will be affirmed as final, and the licensee will be deemed to have waived any rights it may otherwise have or have had to challenge the denial.

(f) If the parties do not agree to the proposed resolution, the licensee may request a hearing before an administrative law judge challenging the denial of the change or amendment of license or renewal.

(g) Request for administrative law judge hearing.

(1) a request for a hearing before an administrative law judge may be made only after the parties fail to agree on a proposed resolution and shall be a challenge of the denial of a change or amendment of license or renewal. The request shall be in a form and a manner determined by the board. The request shall be made no later than thirty (30) days after the date the office indicates whether it shall agree to the proposed resolution or maintain the denial.

(2) a request for a hearing before an administrative law judge shall specifically identify each issue and fact in dispute and state the position of the licensee, the pertinent facts to be adduced at the hearing, and the reasons supporting that position.

(3) if a request for a hearing is not filed as set forth herein or state the basis of the hearing request, the request will be summarily dismissed, the denial will be affirmed as final, and the licensee will be deemed to have waived any rights it may otherwise have or have had to challenge the denial of the change or amendment of license or renewal of license.

(4) a hearing before an administrative law judge shall be conducted pursuant to the procedures therefor set forth in this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 133.2

Adopted New York State Register April 26, 2023/Volume XLV, Issue 17, eff. 4/6/2023 (Emergency)

Amended New York State Register August 16, 2023/Volume XLV, Issue 33, eff. 8/4/2023, exp. 12/4/2023 (Emergency)

Adopted New York State Register December 20, 2023/Volume XLV, Issue 51, eff. 12/4/2023, exp. 4/2/2024 (Emergency)