Current through Register Vol. 46, No. 53, December 31, 2024
Section 133.6 - [Effective until 1/7/2025] 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 an imminent threat to public health, safety or welfare, including but not limited to the violations listed in section 133.25(f) of this Part;(3) a licensee has committed, permitted, aided or abetted, or conspired to commit any practice unauthorized by Cannabis Law in the operation of any licensed premises, including, but not limited to, engaging in the diversion or inversion of cannabis or cannabis products;(4) engaged in any action, failed to act, or violated the Cannabis Law or regulations in any way that poses potential threat to public health, safety or welfare;(5) failed to make themselves available to or failed to fully cooperate with the duly authorized representative of the office, to any peace officer acting pursuant to their special duties, or to a police officer when requested by the office to support office activities authorized by the Cannabis Law and this Part, during a site visit, inspection, or investigation; or(6) failed to make available any documents requested by the office.(b) The office may summarily suspend a license, registration, or permit prior to a hearing, provided that a hearing shall subsequently be held pursuant this Part at the request of the licensee. (1) In the event that the office issues a summary suspension order or full stop work order to any licensee: (i) all rights and privileges to operate any business licensed, registered, or permitted by the board are suspended until such time as such licensee receives written notice that the summary suspension order or full stop work order is lifted;(ii) all business operations and licensed, registered, or permitted activity, must immediately cease;(iii) the person served with such summary suspension or full stop work order shall permit the office to affix one or more warning notices at or near the front door or other opening to such location where customers enter from the street advising the public that the business is ordered to stop the licensed activity and of the public health and safety concerns relating to violations of the Cannabis Law;(iv) such warning notice shall not be removed, altered, covered, or, defaced in any way except when authorized by the office. Any removal, alteration, cover or defacement in any way of the warning notice constitutes a violation of these regulations and shall be punishable by a fine of up to $5,000 in accordance with subdivision 1 of section 16 of the Cannabis Law;(v) the licensee must submit a corrective action plan in the manner described in this Part;(vi) licensee may request an expedited hearing to be held within 15 calendar days from the date of issuance of the summary suspension or full stop work order. If licensee fails to request such emergency hearing within 15 calendar days, then licensee waives the right to an expedited hearing pursuant to this section and will be entitled to a regular hearing pursuant to section 133.10 of this Part; and(vii) failure to comply with a summary suspension order or full stop work order may result in an immediate revocation of any license, registration, or permit possessed by the licensee, prohibit issuance of any new license, registration, or permit or renewal of any existing license, registration, or permit and any other remedies permitted by law.(c) The office may issue a stop work order to any unlicensed person that is engaged in any cannabis related or cannabinoid hemp related activity that poses an imminent or potential threat to public health, safety or welfare including, but not limited to, any activity for which such person should have sought a license, registration, or permit. 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 and cannabinoid hemp related activity;(ii) the office may seize any and all cannabis, cannabis related products, cannabinoid hemp, or cannabinoid hemp related products, or any products marketed or labeled as such, whether occurring naturally or derived from another process, 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 any other penalties permitted by law.
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)Adopted New York State Register September 25, 2024/Volume XLVI, Issue 39, eff. 9/10/2024, exp. 1/7/2025 (Emergency)