N.Y. Comp. Codes R. & Regs. tit. 8 § 2005.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2005.8 - Decisions, determinations and orders

(a) A final decision, determination or order adverse to a party in an adjudicatory proceeding shall be in writing or stated in the record and shall include findings of fact and conclusions of law or reasons for the decision, determination or order. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If a party submits proposed findings of fact, the decision, determination or order shall include a ruling upon each proposed finding. A copy of the decision, determination or order shall be delivered or mailed forthwith to each party and to his attorney of record.

(b) A decision made by the president acting as the presiding officer or upon a recommendation made by a presiding officer shall become final as so ordered.

(c) Unless required for the disposition of ex parte matters authorized by law, members or employees of the corporation assigned to render a decision or to make findings of fact and conclusions of law in an adjudicatory proceeding shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except upon notice and opportunity for all parties to participate. Any such corporation member:

(1) may communicate with other members of the corporation; and

(2) may have the aid and advice of corporation staff other than staff which has been or is engaged in the investigative or prosecuting functions in connection with the case under consideration or factually related case.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 2005.8