Bill Text: NY S03955 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to administrative hearings and processes as they apply to pet dealers.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-07-31 - SIGNED CHAP.256 [S03955 Detail]

Download: New_York-2013-S03955-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3955--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 28, 2013
                                      ___________
       Introduced by Sens. GRISANTI, RITCHIE -- read twice and ordered printed,
         and  when  printed  to be committed to the Committee on Agriculture --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN ACT to amend the agriculture and markets law, in relation to adminis-
         trative hearings and processes for pet dealers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.   Subdivision 4 of  section  404  of  the  agriculture  and
    2  markets  law, as added by chapter 259 of the laws of 2000, is amended to
    3  read as follows:
    4    4.  Before any license shall be suspended or revoked, the  commission-
    5  er,  or  any hearing officer he or she may designate, shall hold a hear-
    6  ing, upon due notice to the licensee, in accordance with any regulations
    7  promulgated by the department and in accordance with articles three  and
    8  four  of  the  state administrative procedure act.  WHERE A LICENSEE HAS
    9  THREE CONSECUTIVE INSPECTIONS  IN  WHICH  THE  LICENSEE  HAS  FAILED  TO
   10  CORRECT DEFICIENCIES OF A CRITICAL NATURE, PURSUANT TO THIS SECTION, THE
   11  COMMISSIONER  SHALL HOLD A HEARING TO CONSIDER THE SUSPENSION OR REVOCA-
   12  TION OF THE PET DEALER LICENSE.  NOTHING IN THIS SECTION SHALL  PROHIBIT
   13  THE  COMMISSIONER  FROM TAKING ADDITIONAL ACTIONS AS OTHERWISE PERMITTED
   14  BY THIS SECTION REGARDING SUCH LICENSES PRIOR TO THE OCCURRENCE OF THREE
   15  CONSECUTIVE INSPECTIONS IN WHICH THE  LICENSEE  HAS  FAILED  TO  CORRECT
   16  DEFICIENCIES OF A CRITICAL NATURE.
   17    S  2.    This  act  shall take effect on the one hundred twentieth day
   18  after it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04486-10-3