N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-2.4

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

Section 82-2.4 - Requests for hearings

(a) A notification to the commissioner of the need for a hearing shall contain at least the following information:

(1) A copy of the charges and all other information forwarded to the employee and an affidavit of service of a copy of such charges upon the employee.

(2) The name of the panel member selected by the board.

(3) The place to be provided by the board for the holding of the hearing.

(4) The name and address of the attorney, if any, who will represent the complainant at the hearing.

(b) If the board shall fail to notify the commissioner of its selection of a panel member and the employee has not waived his or her right to a hearing, the commissioner shall select the member of the hearing panel for the board.

(c) At the same time that the notification is sent to the commissioner the board shall by certified mail send to the employee the information provided in paragraphs (2), (3) and (4) of subdivision (a) of this section.

(d) Separate notification of the need for a hearing shall be given with respect to each employee against whom charges have been filed.

(e) Whenever an employee shall be deemed to have waived his or her right to a hearing by his or her unexcused failure to request a hearing within 10 days after receipt of a written statement of the charges against him or her, the clerk or secretary of the board shall immediately file notice of such waiver with the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-2.4