N.Y. Comp. Codes R. & Regs. tit. 9 § 465.17

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

Section 465.17 - Orders after hearing

(a) Form. An order issued after hearing shall set forth the findings of fact of the commissioner, the determination and, in discretion of the commissioner, an opinion containing the reasons for the decision.

(b) Content. An order after hearing shall conform to the requirements set forth in section 297.4(c) of the New York State Human Rights Law, and may include a directive for the payment of interest on any money awarded.

(c) Preparation and order.

(1) After all testimony is taken and briefs, if any, are submitted, the administrative law judge shall prepare a proposed order for the commissioner containing findings of fact and a decision, and a copy of said proposed order shall be served on all parties. Objections to the proposed order shall be in writing and be filed in the commissioner's office within 21 days after service of the proposed order. When objections are so filed, the hearing shall be deemed to be completed at the time of such filing.

(2) When the interests of justice so require, the adjudication counsel may issue an order based on the record. If an alternative proposed order is under consideration by the commissioner, a copy of said alternative proposed order shall be served on all the parties. Objections to the alternative proposed order shall be in writing, and be filed in the commissioner's office within 21 days after service of the alternative proposed order.

(3) The parties shall have no ex parte contact with the commissioner. The commissioner shall not decide any case if any party has had ex parte contact with him or her within the context of the case at bar. If, for this or any other reason, the commissioner recuses him or herself or otherwise delegates this function, the executive deputy commissioner, adjudication counsel, or chief administrative law judge of the division will be designated by the commissioner as the person who is fully empowered to decide such case.

(d) Service. Copies of orders signed by the commissioner shall be sent to the complainant, respondent and all parties, including interveners and their attorneys. A copy of the order shall be delivered in all cases to the Attorney General, the Secretary of State if he has issued a license to the respondent, and such other public officers as the division deems proper.

(e) Filing. Copies of all orders rendered after a hearing shall be filed at the administrative offices of the division, and at the office where the complaint was filed. Such orders shall be open to public inspection during regular office hours of the division.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 465.17