N.Y. Comp. Codes R. & Regs. tit. 17 § 505.6

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

Section 505.6 - Notice of hearing

(a) The notice of hearing shall contain a statement of the legal authority under which the proceeding is to be held and shall specify the notice or notices of violation to be heard.

(b) Any party may submit a written request for a clarification of the charges in the notice of hearing to the department or presiding officer via first-class mail or electronically . A written response will be sent to such party prior to the hearing via first-class mail or electronically.

(c) The notice of hearing shall specify the time and place of the hearing, and shall set a date for a hearing.

(d) Service of a notice of hearing shall be by personal service , electronically or by first-class mail. Any notice of hearing not returned by the post office for non-delivery or electronic notification of failed delivery shall be presumed received by the respondent. Any notice of hearing returned by the post office as having been refused by the respondent shall be deemed properly served. The service date is the date a notice is mailed via firstclass mail or electronically or the date it is personally served.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 505.6

Amended New York State Register February 1, 2017/Volume XXXIX, Issue 05, eff. 2/1/2017