N.Y. Comp. Codes R. & Regs. tit. 11 § 31.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 31.2 - Notice and hearing: time limitations and other procedural requirements

(a) Where an order of summary suspension has been issued and served prior to the institution of departmental disciplinary proceedings seeking the suspension or revocation of a license, a formal notice instituting such proceedings shall be served upon the licensee/respondent named therein within 10 days following the service of the summary suspension order. Such notice of proceeding shall provide that the hearing be scheduled to commence at least 10 days and not more than 14 days after service of such notice. The licensee/respondent may make written application at any time for a hearing seeking relief from the suspension order and such hearing shall be held within five days from the date of receipt of such request by the department. Such application for relief shall be determined within five days after the close of the hearing relating to that issue.

(b) Where an order of suspension has been issued and served simultaneously with the service of the notice of disciplinary proceeding, such hearing shall be scheduled to commence at least 10 days and not more than 14 days thereafter. The licensee/respondent may make written application at any time for a hearing seeking relief from the suspension order, and such hearing shall be held within five days from the date of receipt of such request by the department. The determination of such application for relief shall be determined within five days after the close of the hearing relating to that issue.

(c) In the event the order of suspension is issued and served after the disciplinary proceeding has commenced, the licensee/respondent may make written application at any time for a hearing seeking relief from the suspension order and such hearing shall be held within five days from the date of receipt of such request by the department. The determination of such application for relief shall be determined within five days after the close of the hearing relating to that issue.

(d) The aforesaid hearings shall be conducted in an expeditious manner and applications for adjournments shall be granted only upon a showing of good cause.

(e)

(1) The hearing officer shall render the decision in the disciplinary hearing within 10 days from the date of the close of such hearing and the receipt of the minutes pertaining to same. Failure to do so shall cause the order of summary suspension to be deemed vacated.

(2) If a request is made by the licensee/respondent to submit a brief or memorandum in connection with the said disciplinary hearing and such request is granted, the aforesaid 10-day period to render a decision shall commence to run after receipt by the hearing officer of such brief or memorandum.

(f) Decisions of the hearing officer shall, pursuant to section 304 of the Insurance Law, be subject to adoption by the superintendent.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 31.2