N.Y. Comp. Codes R. & Regs. tit. 12 § 601.11

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

Section 601.11 - Hearings

Upon receipt of a request for a hearing under section 601.9(c) of this Part, the commissioner shall request the chair of the apprenticeship council to designate a panel from among the members of the apprenticeship council to conduct such hearing. The panel shall consist of at least three members and be composed of an equal number of representatives of employers and of employee organizations, and also may include the chair.

(a) Notice of the hearing shall be served by certified mail, return receipt requested, to the sponsor at least 30 days prior to the date of the hearing. The notice shall include the date, time and place of the hearing, a statement of the legal authority and purpose for the hearing, and a concise statement of the factual matters which form the basis for the department's action.

(b) Hearings shall be conducted informally and a record made of the sworn testimony and exhibits introduced. The sponsor shall have the right to counsel, and a full opportunity to be heard, including such cross-examination as may be appropriate.

(c) The hearing panel shall submit its report and recommendations to the commissioner on the basis of the record made in the proceeding. After reviewing the record, report and recommendations, the commissioner shall issue his/her determination within 30 days after receipt of the hearing panel's report.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 601.11