N.Y. Comp. Codes R. & Regs. tit. 1 § 159.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 159.8 - Granting, denying, and revoking licenses

(a) The Commissioner may decline to grant an application for a license, may decline to renew or may revoke, suspend and/or impose conditions thereon, if he or she finds, after due notice and an opportunity to be heard, that the applicant or licensee:

(i) is not qualified to properly conduct the business of growing hemp; or

(ii) has committed any acts injurious to the public health or welfare that are related to an issued grower license; or

(iii) is found to be growing cannabis exceeding the acceptable hemp THC level with a culpable mental state greater than negligence; or

(iv) has been found to have been negligently violating the provisions of this Part three times within a five-year period; or

(v) does not have adequate facilities, equipment, or security to cultivate or handle hemp; or

(vi) has failed to prepare or keep required records, after notice and failure to cure; or

(vii) has failed to submit all reports required to be submitted by a licensee, after notice and failure to cure; or

(viii) has made a material misstatement in the application for license or in any statement or record made or furnished to the Department; or

(ix) the applicant or any of an applicant's key participants have been convicted of a felony under State or federal law relating to a controlled substance, and the denial of such license is permissible under the State law, or if the applicant or any of the applicant's key participants have been convicted under State or federal law relating to a controlled substance within the past ten years, except for those persons lawfully growing hemp under the 2014 Farm Bill research program before December 20, 2018, and whose conviction occurred before December 20, 2018; or

(x) if a corporation, limited liability company, or partnership, has a person therein, who is a key participant who was responsible, in whole or in part, for any act for which a license may be denied, not renewed, or revoked; or

(xi) is not capable of complying, or has failed to comply, with the requirements set forth in this Part or is otherwise incapable, or has failed to comply, with other legal requirements related, directly or indirectly, to the growing of hemp; or

(xii) has grown or handled hemp outside the authorization granted by its license or has engaged in processing other than processing in connection with the growth and cultivation of hemp, retail sale or other hemp related activity without a required license; or

(xiii) is seeking authorization for a person whose license has been suspended, revoked, or who is otherwise ineligible to be licensed as a grower; or

(xiv) is seeking authorization to grow hemp on land that is currently an authorized growing location for another licensee.

(b) An applicant receiving an adverse determination with respect to a licensing decision may, within 30 days of the date of the transmission of the determination, request a review of the decision by submitting a written request for reconsideration, providing the basis for the person's belief that the determination was in error. The Department shall respond to the request for a review within 15 days of its receipt of the request for a review.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 159.8

Adopted New York State Register April 6, 2022/Volume XLIV, Issue 14, eff. 4/6/2022