Current through Register Vol. 46, No. 53, December 31, 2024
Section 133.8 - [Effective until 1/7/2025] Commencement of Disciplinary Proceedings(a) Disciplinary proceedings may be commenced by serving a notice of pleading on the licensee. Such notice shall be deemed to have been duly served if transmitted by electronic means to the licensee to the email address currently on file with the office for the licensee, with the subject matter for such transmission indicating that it is related to an Office of Cannabis Management disciplinary proceeding, unless other form of service is prescribed herein. Service shall be deemed complete when email is sent. For purposes of this Part, "electronic means" is any method of transmission of information, between computers or other devices, designed for the purpose of sending and receiving such transmissions and which allows the recipient to reproduce the information transmitted in a tangible medium of expression. It shall be licensee's responsibility to update and regularly check their email account on file with the office. Failure to respond to respond to a notice of disciplinary proceeding shall not be deemed good cause for failure to respond or appear.(b) Notices of pleading shall: (1) indicate whether the proceedings may result in suspension, revocation, cancellation of the license ("revocation proceedings");(2) set forth a statement of charges to the licensee by the office and include a statement of the legal authority and jurisdiction under which the proceeding is to be held, a reference to any applicable statutes and regulations that serve as the basis of the violation, and a statement of the matters asserted comprising the statement of charges;(3) require the licensee to plead to the charges on or before a specified date;(4) advise the licensee of its right to be represented by counsel;(5) advise the licensee that upon its failure to appear or enter a plea, it shall be deemed to have admitted to all charges, that it consents to the penalties, and no further hearing shall be held;(6) set forth the penalty proposed by the office, including a fee, fine, debarment or a suspension, cancellation, or revocation its license, or other penalty provided for in this Chapter;(7) set forth the maximum penalty, including a fee, fine, debarment, or a suspension, cancellation, revocation of its license;(8) advise the licensee that it may request that a fine be imposed in lieu of any other penalty issued by the office, the granting of which request shall be solely within the discretion of the office;(9) advise the licensee that it may to request a one-time reconsideration of the charges or penalties solely for issues of mistakes of fact or law or if violations have been cured, where the opportunity to cure is applicable.(c) In the case of revocation proceedings, a copy of the notice of pleading shall also be sent by first class mail or electronic means to the owner of the building where the licensed business is located at the last address or email address as reflected in the files of the office. Where the application for the license for the current period has indicated that the licensee occupies such premises under a written lease from a person other than such owner, a further copy shall be sent by either first class mail or electronic means to such lessor at its address or email address as set forth in the files of the office.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 133.8
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)