N.Y. Comp. Codes R. & Regs. tit. 12 § 701.5

Current through Register Vol. 46, No. 17, April 24, 2024

Section 701.5 - Answer and notice of appearance

(a) Except as provided in subdivision (4) of this section, the respondent named in the notice shall file an answer in writing at least fourteen days prior to the date of the hearing.

(b) The answer shall include:

(1) the party's address, telephone number and, if made by an attorney, the name, firm name, if applicable, address and telephone number of said attorney;

(2) a separate and specific response to each and every particular set forth in the notice or a denial of any knowledge or information thereof sufficient to form a belief as to such particular;

(3) any matter constituting an affirmative defense, including lack of jurisdiction.

(c) The answer shall be personally served or sent by certified mail, return receipt requested, to the individual designated to conduct the hearing at the address set forth in the notice and to the person representing the department in the proceeding, as set forth in the notice.

(d) An answer shall not be served in proceedings conducted pursuant to section 27-a of the Labor Law to review determinations of the Commissioner regarding applications for a variance from safety and health standards.

(e) In proceedings set forth in subdivision (4) of this section, a notice of appearance may be served in lieu of an answer. A notice of appearance should be served as soon as practicable prior to the commencement of the hearing.

(1) The notice of appearance shall include the party's address, telephone number and, if made by an attorney, the name, firm name, if applicable, address and telephone number of said attorney.

(2) The notice of appearance shall be personally served or sent by certified mail, return receipt requested, to the individual designated to conduct the hearing at the address set forth in the notice and to the person representing the department in the proceeding, as set forth in the notice of hearing.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 701.5