§ 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 or
certificate should not be revoked. Such notice shall set forth in
detail the grounds for the proposed revocation and shall fix a date for
hearing not less than fifteen nor more than thirty days from the date of
such notice.

2. Simultaneous with the commencement of a proceeding to revoke a
license or certificate or during the course of such proceeding, the
commissioner may in the case of a clear and imminent danger to the
public health or safety forthwith suspend without prior notice any
license or certificate theretofore issued.

3. If the commissioner suspends or revokes a license or certificate,
all controlled substances owned or possessed by the licensee or holder
of a certificate of approval and in the state of New York at the time of
the suspension or the effective date of the revocation and which such
licensee or holder of a certificate of approval is no longer authorized
to possess, shall be seized or placed under seal in the manner provided
in this article.

4. In lieu of revocation of a license or certificate, the commissioner
may impose a civil penalty not in excess of ten thousand dollars. Such
penalty may be imposed in lieu of revocation only if the commissioner is
satisfied that the imposition and payment of such penalty will serve as
a sufficient deterrent to future violations.