NYC Administrative Code

§ 22-218 — Emergency suspension of license or registration and photo identification card.

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What is NYC AC § 22-218?

Quick Answer

This section allows the commissioner to immediately suspend a license, registration, or photo identification card if a business poses an imminent danger to life or property. An appeal process is established, with a hearing provided within four business days. Applies to businesses in unloading, loading, wholesale seafood, or seafood delivery sectors.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 22-218 Emergency suspension of license or registration and photo identification card.

AC § 22-218

Notwithstanding any other provision of this chapter or rules promulgated pursuant thereto, the commissioner may, if he or she determines that the conduct of an unloading business, a loading business, a wholesale seafood business or a seafood delivery business, or the presence of any person in the market area creates an imminent danger to life or property, immediately suspend a license, registration or a photo identification card without a prior hearing, provided that provision shall be made for an immediate appeal of such suspension to a deputy commissioner of the department who shall determine such appeal forthwith. In the event that the deputy commissioner upholds the suspension, an opportunity for a hearing shall be provided on an expedited basis, within a period not to exceed four business days and the commissioner shall issue a final determination no later than four business days following the conclusion of such hearing; and provided further that the commissioner may, upon application by a business entity whose license or registration has been suspended, permit such business entity to remain in the market area for such time as is necessary to allow for the expeditious sale, consignment or removal of a perishable product if, in the commissioner's best judgment, such permission is consistent with the safety of the market area. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.

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