N.Y. Comp. Codes R. & Regs. tit. 9 § 133.6

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

Section 133.6 - [Effective until 4/2/2024] Summary Suspension and Stop Work Orders

(a) The office may issue a summary suspension order or stop work order to any licensee that has:

(1) committed a Category 1 violation;

(2) committed any violation that poses or posed a severe and imminent risk to public health, safety or welfare;

(3) engaged in any action or failed to act in any way that poses or posed a severe and immediate risk to public health, safety or welfare;

(4) failed to make themselves available to the duly authorized representative of the office, to any peace officer acting pursuant to their special duties, or to a police officer, during an inspection or investigation; or

(5) failed to make available any documents requested by the office.

(b) The office may summarily suspend a license prior to a hearing, provided that a hearing shall subsequently be held pursuant this Part.

(1) in the event that the office issues a summary suspension order to any licensee:

(i) all rights and privileges to operate any business licensed by the board are suspended until such time as such licensee receives written notice that the summary suspension order or stop work order is lifted;

(ii) all business operations and licensed activity must immediately cease;

(iii) the licensee must submit a corrective action plan in the manner described in this Part;

(iv) licensee may request an expedited hearing; and

(v) failure to comply with a summary suspension order or stop work order may result in an immediate revocation of any license possessed by the licensee and prohibit issuance of any new license or renewal of any existing license.

(c) The office may issue a stop work order to any unlicensed person that is engaged in any cannabis related activity that poses an immediate threat to public health, safety or welfare including, but not limited to, any activity for which such person should have sought a license. Such activity may be referred to Department of Taxation and Finance, district attorney and any other civil or criminal investigative or enforcement agencies.

(1) in the event that the office issues a stop work order to an unlicensed person:

(i) that person must cease all cannabis related activity;

(ii) the office may seize any and all cannabis and cannabis related products and any proceeds from the sale, distribution, processing or cultivation of cannabis or cannabis products;

(iii) the office may begin proceedings for debarment; and

(iv) the office may initiate a proceeding to impose penalties.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 133.6

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)