N.Y. Comp. Codes R. & Regs. tit. 9 § 133.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 133.1 - [Effective until 1/7/2025] Definitions

For the purposes of this Part, the following terms shall have the following meanings:

(a)Administrative law judge or ALJ means a hearing officer who is assigned to and conducts a hearing pursuant to the Cannabis Law and this Part.

(b)Civil Practice Law and Rules or CPLR means Chapter 8 of the Consolidated Laws of New York.

(c)Corrective action plan means a plan submitted by a licensee to the office that addresses corrections made or to be made by a licensee as a result of a violation or non-compliance with the Cannabis Law, rules, or regulations, of the office.

(d)Debarment means an exclusion from

(1) contracting or subcontracting with a licensee,

(2) contracting or subcontracting with, or submitting bids for contracts awarded by, the office, and

(3) eligibility for a license issued pursuant to Cannabis Law.

(e)License means a license, registration, permit or approval issued in accordance with the Cannabis Law.

(f)Licensee means a licensee, registrant, permittee, or approved person under the Cannabis Law. For purposes of this Part, any person who conducts any cannabis-related activity outside the scope of their valid and current license may be deemed unlicensed with regard to any actions taken related to that unlicensed activity by the office.

(g)Party means all persons designated as petitioner, respondent, or intervenor in any proceeding pursuant to this Part.

(h)Permittee means a permittee as defined in Part 117 or Part 130 of this Chapter.

(i)Unlicensed activity means any activity, within the authority of the office or the board to regulate, for which a person should have obtained a license, registration, or permit issued by the office or board, but failed to do the same. Additionally, any activity beyond the scope of any license, registration, or permit issued by the office or board may be considered unlicensed activity.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 133.1

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)

Adopted New York State Register September 25, 2024/Volume XLVI, Issue 39, eff. 9/10/2024, exp. 1/7/2025 (Emergency)