N.Y. Comp. Codes R. & Regs. tit. 9 § 54.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 54.2 - Pleading procedure

(a) After a disciplinary proceeding has been commenced, the licensee shall be afforded an opportunity to plead either "not guilty" or "no contest" to the charges on or before a scheduled date. If the licensee pleads "not guilty," a hearing shall be scheduled. If the licensee pleads "no contest," the charges shall be deemed sustained, and no further hearing shall be held. A licensee may plead "no contest" at any time prior to the close of a hearing.

(b) Failure of a licensee to plead on or before the pleading date shall be deemed a plea of "no contest," and no further hearing shall be held.

(c) The licensee may plead to the charges by mail or by delivering the licensee's plea by electronic means to the email address designated in the pleading, or by posting the licensee's plea to an active online portal provided by the State Liquor Authority for the licensee's account. In order to plead "not guilty" to the charges by mail or by email, a letter signed by the licensee or its attorney setting forth the plea must be received by the authority on or before the scheduled date. In order to plead "not guilty" to the charges by posting to the portal, an authorized posting must be made on the portal on or before the scheduled date.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 54.2

Amended New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022