N.Y. Comp. Codes R. & Regs. tit. 9 § 133.20

Current through Register Vol. 46, No. 43, October 23, 2024

Section 133.20 - [Effective until 1/7/2025] Stipulations and Consent Orders

(a) At any time prior to issuance of any judgment; or a board determination; the parties may enter a stipulation for the resolution of any or all issues.

(b) The office may issue a consent order upon agreement or stipulation of the parties. A consent order shall have the same force and effect as an order issued after a hearing.

(c) As a condition for the settlement of all charges and potential charges, a licensee or person, who is under investigation, who has requested a hearing, or against whom a decision has been made that a hearing is warranted, shall, at any time after service of the notice of hearing, and upon consent of the office:

(1) admit guilt to at least one of the acts of misconduct alleged,

(2) agree not to contest the allegations, or

(3) assert that they cannot successfully defend against at least one of the acts of misconduct alleged and shall either surrender their license or agree to a penalty.

(d) The signatories to such an agreement or stipulation, as described in this section, shall be the licensee or person who has requested a hearing, their counsel, if represented, and the Office of General Counsel.

(1) if the licensee is a permitted cannabis laboratory, the signatories shall also include the director of the office of professional medical conduct and the chairperson of the State Board for Professional Medical Conduct. The chairperson of the State Board for Professional Medical Conduct shall issue a surrender or consent order based upon said agreement or stipulation.

(i) the stipulation or settlement shall have the same force and effect as an order issued after a hearing.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 133.20

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)