N.Y. Comp. Codes R. & Regs. tit. 12 § 701.4

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

Section 701.4 - Notice of hearing

Adjudicatory proceedings shall be commenced by the issuance of a notice of hearing which describes the violations with which the respondent is charged.

(a) The notice shall include:

(1) the date time place and purpose of the hearing;

(2) a statement of the legal authority and jurisdiction pursuant to which the hearing is being held;

(3) where possible, a reference to the specific sections of the statute, rules, regulations and/or standards involved;

(4) a statement of the charges, including matters raised and the issue(s) to be determined, provided, however, that nothing shall preclude the consideration at the hearing of relevant issues not raised in the notice, in a manner consistent with Respondent's right to respond to such issues;

(5) the identity of the individual designated to conduct the hearing;

(6) the procedure to apply for an adjournment.

(b) The notice shall be personally served or sent by mail to all parties to the proceeding.

(c) Whenever possible, the notice shall be personally served or mailed at least thirty days prior to the date of the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 701.4