N.Y. Comp. Codes R. & Regs. tit. 9 § 4550.10

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

Section 4550.10 - Application to reopen

(a) The hearing officer may reopen an adjudicatory proceeding upon the hearing officer's own initiative or upon written application made by a party prior to the commission's determination.

(b) The commission may reopen an adjudicatory proceeding, on its own initiative or upon written application made by a party, subsequent to the commission's determination.

(c) Such applications shall be determined in accordance with the following:

(1) Where a party other than the commission failed to appear at the hearing, the party making the application to reopen must establish that there were valid reasons for having failed to appear and that there is a meritorious defense on behalf of such party.

(2) Where a party has appeared at the hearing, the party must establish that there is newly discovered evidence that, despite due diligence by the party, was not available at the time of the hearing or establish other compelling reasons for reopening. This paragraph shall also apply to counsel to the commission.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4550.10