N.Y. Comp. Codes R. & Regs. tit. 10 § 51.13

Current through Register Vol. 46, No. 43, October 23, 2024

Section 51.13 - Filing of exceptions

(a) Within 30 days of the date a copy of the report of the hearing officer and proposed order or, hearings governed by Public Health Law, section 230, within 15 days of the date a report of the hearing committee and proposed recommendation is sent to the parties, any party may submit exceptions to the report and order or recommendation to the Supervising Administrative Law Judge.

(b) The exceptions may include:

(1) the particular findings of fact, conclusions of law, or disposition with which the party disagrees, the reasons for disagreement and a substitute finding, conclusion or disposition;

(2) general comments on the suitability of the report and order or recommendation; and

(3) an alternative proposed order or recommendation for consideration and adoption by the commissioner, his designee, or other decisionmaker.

(c) The party shall send a copy of its exceptions to all other parties or their attorneys and the hearing officer.

(d) The opportunity to submit exceptions may be waived by such party.

(e) On notice to all parties, the party may request the Supervising Administrative Law Judge to extend the exception period. The Supervising Administrative Law Judge 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 position on the request. The exception period may be extended by the Supervising Administrative Law Judge at the request of either party, for the good cause shown, and on notice to both parties. Extensions of time shall not be granted to allow a party to respond to exceptions already filed by another party.

(f) All exceptions shall be submitted to the commissioner, his designee, or other decisionmaker with the record of the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 51.13