3397 – Fraud and Deceit.
§ 3397. Fraud and deceit. 1. No person shall: (a) obtain or attempt to obtain a controlled substance, a prescription for a controlled substance or an official New York State prescription form, (i) by fraud, deceit, misrepresentation or subterfuge; or (ii) by the concealment of a material fact; or (iii) by the use of a […]
3384 – Information Program for Retailers.
§ 3384. Information program for retailers. The department shall develop and maintain a program to inform retailers about the methamphetamine problem in New York state.
3385 – Enforcement.
§ 3385. Enforcement. 1. (a) The department and its representatives shall have access during business hours to all orders, prescriptions or records required to be kept under this article. (b) Orders, prescriptions and records required to be kept under this article shall be maintained at the premises where the licensed activity is conducted. 2. For […]
3385-A – Access to Criminal History Information.
§ 3385-a. Access to criminal history information. Upon such terms and conditions as the commissioner of the division of criminal justice services agrees, authorized employees of the department’s bureau of narcotic enforcement, designated by the commissioner pursuant to subdivision two of section three thousand three hundred eighty-five of this title, may access criminal history information […]
3387 – Seizure and Forfeiture of Controlled Substances, Imitation Controlled Substances and Official New York State Prescription Forms; Disposition.
§ 3387. Seizure and forfeiture of controlled substances, imitation controlled substances and official New York state prescription forms; disposition. 1. Any controlled substance or imitation controlled substance which has been manufactured, distributed, dispensed or acquired in violation of this article, or the lawful possession of which cannot be immediately ascertained, and any official New York […]
3388 – Seizure and Forfeiture of Vehicles, Vessels or Aircraft Unlawfully Used to Conceal, Convey or Transport Controlled Substances.
§ 3388. Seizure and forfeiture of vehicles, vessels or aircraft unlawfully used to conceal, convey or transport controlled substances. 1. Except as authorized in this article, it shall be unlawful to: (a) transport, carry, or convey any controlled substance in, upon, or by means of any vehicle, vessel or aircraft; or (b) conceal or possess […]
3390 – Revocation of Licenses and Certificates of Approval.
§ 3390. Revocation of licenses and certificates of approval. Any license or certificate of approval granted pursuant to this article may be revoked by the commissioner in whole or in part upon a finding that the licensee or certificate holder has: 1. falsified any application, report, or record required by this article; 2. wilfully failed […]
3391 – Revocation and Suspension of License or Certificate of Approval Procedure.
§ 3391. Revocation and suspension of license or certificate of approval procedure. 1. A proceeding to revoke a license or certificate of approval shall be commenced by a notice served personally or by registered or certified mail upon the licensee or holder of a certificate of approval directing him to show cause why his license […]
3393 – Formal Hearings Procedure.
§ 3393. Formal hearings procedure. 1. The commissioner or any person designated by him for this purpose, shall have the power to administer oaths, compel the attendance of witnesses and the production of books, records and documents and to take proof and testimony concerning all matters within the jurisdiction of the department. 2. Notice of […]
3394 – Judicial Review.
§ 3394. Judicial review. 1. All orders or determinations hereunder shall be subject to judicial review as provided in article seventy-eight of the civil practice law and rules. In any such proceeding findings of fact made by the commissioner, if supported by substantial evidence, shall be conclusive. 2. Application for such review must be made […]