N.Y. Comp. Codes R. & Regs. tit. 9 § 4550.3

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

Section 4550.3 - Notice of adjudicatory proceedings

(a) Commencement of an adjudicatory proceeding. An adjudicatory proceeding shall be commenced by the commission's service of a notice of hearing. A hearing in any matter as to which the commission is required to hold an adjudicatory proceeding or otherwise determines to conduct a hearing shall be held upon reasonable notice to each party and shall be conducted at such place as the commission shall determine.

(b) Contents of notice.

(1) A notice of hearing [or order to show cause] shall contain:

(i) a statement of the time, place and nature of the hearing;

(ii) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(iii) a reference to the particular section of the statutes and rules involved;

(iv) a short and plain statement of matters asserted;

(v) a statement that interpreter services shall be made available to deaf persons at no charge;

(vi) information concerning circumstances under which an adjournment may be granted;

(vii) the consequence of a failure to appear for a scheduled hearing or proceeding; and

(viii) a statement informing the parties of the right of each party to be represented by counsel, to testify, to produce witnesses, to present documentary evidence, and to examine opposing witnesses and evidence.

(2) Such notice of hearing may be amended or superseded:

(i) prior to the commencement of the hearing; or

(ii) after commencement of the hearing, as authorized by the hearing officer.

(3) A notice of appearance by any attorney representing the party shall be filed with the counsel to the commission. A written answer to the charges, if demanded in the notice, or at the option of the party notified, shall be filed at least five days before the hearing commences.

(c) Service of notice. Service of notice of hearing shall be sufficient if accomplished pursuant to section 5410.2 of Part 5410 of Subchapter C of Chapter V of this Subtitle.

(d) Time to request hearing. If the commission denies or refuses to grant a license applied for pursuant to this Chapter, such action shall be review- able at a hearing before the commission:

(1) upon the applicant filing a written request for a hearing within 10 days of the commission's service of notice of the denial or refusal had been made pursuant subdivisions (a) through (d) or (f) of section 5410.2 of Part 5410 of Subchapter C of Chapter V of this Subtitle; or

(2) upon the applicant filing a written request for a hearing within 15 days of the commission's service of notice of the denial or refusal, if the commission's service of notice of the denial or refusal had been made pursuant to subdivision (e) of section 5410.2 of Part 5410 of Subchapter C of Chapter V of this Subtitle.

A license applicant who fails to file such a request within the time set forth in this subdivision shall have waived the applicant's right to have any administrative review, including a hearing before the commission, of the license action.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4550.3

Amended New York State Register July 20, 2022/Volume XLIV, Issue 29, eff. 7/20/2022