N.Y. Comp. Codes R. & Regs. tit. 18 § 343.13

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

Section 343.13 - Decision after hearing

(a) The hearing decision shall be made and issued by the commissioner or by a member of his or her staff designated by him or her to consider and make such decisions and shall be based exclusively on the record of the hearing. The decision shall be in writing and shall describe the issues, recite the relevant facts, the pertinent provisions of law and department regulations, make appropriate findings, determine the issues, state reasons for the determination and, when appropriate, direct specific action.

(b) A copy of such decision shall be mailed to the operator of the facility and to its attorney or other designated hearing representative.

(c) In the event the decision is adverse to the operator of the facility, the copy of decision shall be sent together with a notice of the right to judicial review in accordance with the provisions of article 78 of the Civil Practice Law and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 343.13