N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 753-6.6

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

Section 753-6.6 - Commission proceeding

(a) If the respondent requests an informal conference, such conference will be conducted by department staff. The respondent shall have the right to be represented by an attorney or other person, and shall have the right to present relevant evidence. Any evidence that department staff may have which indicates that the respondent may have violated this Part shall be made available to the respondent, who shall have the opportunity to rebut this evidence, either at the informal conference, in writing within 30 days following the conference, or by other mutually agreed to arrangements.

(b) Following its review of any material submitted in writing or at an informal conference, the department will compile a case file, which will be the basis for a final order. The case file of an enforcement proceeding shall include:

(1) the field citations, inspection reports and any other evidence of alleged violations;

(2) a copy of the NOPV issued under section 753-6.4 of this Subpart;

(3) any material submitted by the respondent in response to the NOPV or at an informal conference; and

(4) a written evaluation and recommendation for a final order.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 753-6.6