N.Y. Comp. Codes R. & Regs. tit. 10 § 76.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 76.6 - Answer to finding of violation

(a) A respondent shall have seven days after receipt of service of the finding of violation within which to answer. The answer shall be made on the form and in accordance with instructions furnished to the respondent with the finding of violation.

(b) If the respondent elects to contest any of the factual allegations in the finding of violation, the respondent may include with the answer a statement of defense, mitigation, denial or explanation for each contested alleged violation. When the respondent elects a hearing on the allegations, the respondent must indicate in the answer whether witnesses will be called.

(c) If the respondent elects not to contest the factual allegations in the finding of violation, the answer shall contain an admission that the allegations are true. Such an answer shall constitute a waiver of a hearing on the existence of the facts alleged in the finding of violation and, unless the respondent indicates that an explanation will be offered, be deemed a waiver of a hearing as to the amount of any penalty.

(d) Failure of the respondent to file an answer within seven days after receipt of service of a finding of violation will constitute a waiver of the right to a hearing and authorizes the tribunal or the tribunal representative, without further notice to the respondent, to find the facts to be as alleged in the finding of violation and to render a decision and order sustaining the allegations and imposing a penalty.

(e) Allegations in a finding of violation not answered will be deemed admitted.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 76.6