N.Y. Comp. Codes R. & Regs. tit. 12 § 803.26

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

Section 803.26 - Summary decision

(a) No genuine issue of material fact.

(1) Where no genuine issue of a material fact is found to have been raised, the hearing officer may issue an initial decision to become final 20 days after service thereof, unless within such period of time any party has filed written exceptions to the decision. If any timely exception is filed, the hearing officer shall fix a time for filing any objections to the exception and any supporting reasons. Thereafter, the commissioner, after consideration of the exceptions and any supporting briefs filed therewith and of any objection to the exceptions and any supporting reasons, may issue a final decision.

(2) An initial decision and a final decision made under this paragraph shall include a statement of:

(i) findings and conclusions, and the reasons or bases therefor, on all issues presented; and

(ii) the terms and conditions of the rule or order made.

(3) A copy of an initial decision and a final decision under this paragraph shall be served on each party.

(b) Hearings on issues of fact. Where a genuine material question of fact is raised, the hearing officer shall, and in any other case may, set the case for an evidentiary hearing in accordance with section 803.16(e) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 803.26