N.Y. Comp. Codes R. & Regs. tit. 9 § 5113.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5113.4 - Summary suspension

(a) Where the commission has reasonable grounds to believe that any licensee has been guilty of a deliberate, willful or a grossly negligent violation of any of the provisions of the act or these regulations, including, without limitation, the failure to pay when due the moneys due and owing to the commission pursuant to the act or these regulations, or that the licensee has been charged with a felony under the laws of the State or in another state, or that due to other violations of law by the licensee or the licensee's patrons, emergency action is required in order to protect the public health, safety, or welfare of the public, and where the commission incorporates such findings in an order, the commission may summarily suspend the license and the licensee without prior notice pending disciplinary proceedings pursuant to these regulations.

(b) The summary suspension of a license without notice pending a public hearing shall be for a period not to exceed 30 days except that a licensee may waive the 30-day hearing requirement in writing no later than five business days prior to the scheduled hearing. In no event, however, shall the requested continuance be granted unless the licensee requesting the continuance has complied with the order of summary suspension by surrendering their license to the commission.

(c) The commission shall deliver a notice of summary suspension by registered mail to the licensee who has been suspended. The notice shall contain such information as the commission determines necessary to provide the licensee with notice of the summary suspension and the reason(s) therefore, including, without limitation, stating when the suspension will begin and end.

(d) The commission shall serve upon the summarily suspended licensee a formal notice initiating disciplinary proceedings and a notice of hearing within five days after receipt by the licensee of the notice of summary suspension.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5113.4