N.Y. Comp. Codes R. & Regs. tit. 6 § 622.13
Where a complaint includes the allegation that a respondent is unlawfully conducting an activity without a permit, the ALJ must, upon motion from department staff or respondent, sever this issue from the other allegations for expedited adjudication. Upon completion of the expedited adjudication, the ALJ will submit a report to the commissioner containing findings of fact, conclusions of law and recommendations limited to whether respondent is unlawfully conducting an activity without a permit. Upon determining that respondent is conducting the unpermitted activity, the commissioner may issue an order directing respondent to discontinue the unpermitted activity. All remaining issues, including the assessment of civil penalties, must be heard and resolved as part of the original proceeding.
N.Y. Comp. Codes R. & Regs. Tit. 6 § 622.13