A00077 Summary:

BILL NO    A00077B

SAME AS    SAME AS S03479-C

SPONSOR    Paulin (MS)

COSPNSR    Markey, Titone, Kavanagh, Jaffee, Castro, Rivera P

MLTSPNSR   Glick, Miller M, Weisenberg

Amd S404, Ag & Mkts L

Relates to administrative hearings and processes as they apply to pet dealers.
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A00077 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         77--B
                                                                 Cal. No. 7

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 5, 2011
                                      ___________

       Introduced by M. of A. PAULIN, MARKEY, TITONE, KAVANAGH, JAFFEE, CASTRO,
         P. RIVERA  -- Multi-Sponsored by -- M. of A. GLICK, M. MILLER, WEISEN-
         BERG -- read once and referred to  the  Committee  on  Agriculture  --
         reported   and  referred  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee -- advanced to a third reading, amended and  ordered
         reprinted, retaining its place on the order of third reading

       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  FAILED EITHER THREE CONSECUTIVE INSPECTIONS PURSUANT TO THIS SECTION, OR
   10  THREE INSPECTIONS IN A THREE YEAR PERIOD PURSUANT  TO  THIS  SECTION,  A
   11  HEARING  SHALL  BE  HELD TO CONSIDER WHETHER SUSPENSION OR REVOCATION OF
   12  THE LICENSE IS WARRANTED.  NOTHING IN THIS SECTION  SHALL  PROHIBIT  THE
   13  COMMISSIONER  FROM  TAKING  ADDITIONAL  ACTIONS  REGARDING SUCH LICENSES
   14  PRIOR TO FAILURE BY A LICENSEE OF EITHER THREE  CONSECUTIVE  INSPECTIONS
   15  OR THREE INSPECTIONS IN A THREE YEAR PERIOD.
   16    S  2.    This  act  shall take effect on the one hundred twentieth day
   17  after it shall have become a  law;  provided,  however,  that  effective
   18  immediately,  the addition, amendment and/or repeal of any rule or regu-
   19  lation necessary for the implementation of this  act  on  its  effective
   20  date are authorized to be made on or before such effective date.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00763-06-2
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