Administrative Appeals

Pursuant to the New York State Cannabis Law (Cannabis Law) Article 2 § 10(18) and § 17(8), the Cannabis Control Board (CCB) is charged with the responsibility of issuing a final determination when an administrative decision is appealed.

View Part 133 – Violations, Hearings, and Enforcement (PDF)

View the State Administrative Procedure Act (SAPA)

Following a hearing before the Office of Administrative Hearings (OAH) in which the presiding Administrative Law Judge (ALJ) issues a written decision, any party may appeal and submit exceptions to the ALJ’s decision for review by the CCB.

SUBMIT ADMINISTRATIVE HEARINGS APPEAL

An appeal shall be made by:  

• Filing with the CCB a written memorandum; and  
• Serving the memorandum on all other parties or their attorney.    

The written memorandum shall set forth:

• The appellant's arguments;
• Questions of procedure, fact, law, or policy to which exceptions are taken;  
• Specific objections to the ALJ’s decision and order;
• Grounds for the exceptions taken; and
• Designated portions of the record relied upon for the exceptions taken. 

The record on appeal shall consist of the parties’ pre-pleadings, evidentiary exhibits from the hearing, a  recording of the proceeding or transcript of the proceeding and the memorandums on appeal.

A recording of the proceedings can be requested from the OAH. 

Initial Appeal Submission:  

• Following receipt of the Administrative Law Judge’s decision, parties have thirty (30) days to submit a written appeal to the CCB.  
• If no written appeal is submitted within thirty (30) days of the date of the determination, the order shall be final.  
   

Opposition and Cross-Appeal:  

• A party upon whom an adverse party has served an appeal may file and serve a memorandum in opposition and/or a cross-appeal within 30 calendar days after such service.  
• A response to a cross-appeal may be filed and served within 15 calendar days after service of the cross-appeal.  
• The failure of any party to respond shall not be deemed a waiver or admission. 
   

Extension of Exception Period:

• The exception period may be extended by the CCB at the request of either party, for good cause shown, and on notice to all parties.  
• The CCB shall only address a request for an extension that has been made prior to the expiration of the exception period and after giving all other parties an opportunity to state their positions as to the request.  
• Requests for extensions can be submitted via:
  • Email: [email protected]
  • Mail to:  
    Office of Cannabis Management 
    Cannabis Control Board Appeals 
    
    59 Maiden Lane, 38th Floor 
    New York, NY 10038  
     

Upon receipt of an appeal, the CCB shall consider all parties' exceptions submitted in response to the ALJ’s decision. 

The CCB shall, based solely on the record on appeal, either confirm the decision in writing, make a written, superseding decision including a statement as to why they have not confirmed the ALJ's decision, or remand the matter to the OAH for additional proceedings. The CCB’s determination constitutes a final agency determination.

A copy of the determination shall be electronically mailed to each party or their attorney of record and, upon written request, a copy of the determination shall be mailed to each party or to their attorneys of record.

All parties have the right to appeal the determination of the CCB by the commencement of an Article 78 Proceeding pursuant to New York Civil Practice Laws and Rules (CPLR).