N.Y. Comp. Codes R. & Regs. tit. 18 § 519.23

Current through Register Vol. 46, No. 43, October 23, 2024

Section 519.23 - Decision without hearing

(a) Either party may request that an appeal from a department determination be decided without a hearing. Such request will be granted when it is determined that no unresolved material issue of fact is involved in the case and that the only questions presented are questions of the department's application of the law or its regulations, whether the department failed to perform a duty required by law or whether the department's determination was arbitrary and capricious or an abuse of discretion as to the sanction imposed. A request for a decision without a hearing must be accompanied by sufficient information to permit a determination of whether any unresolved material issue of fact exists, and should contain a full and clear statement of the issue and the party's position on the issue.

(b) Upon receipt of a request for a decision without a hearing which presents, on its face, no factual dispute, a copy of the request and any supporting documents will be sent to the party who did not initiate the request. Within 30 working days of its receipt of the request and documents, the party who did not initiate the request must forward to the hearing officer, and the requesting party, its response containing sufficient information to ensure resolution of the dispute.

(c) The hearing officer will make any further inquiries of the appellant, the appellant's representative and the department which are necessary to resolve the issues involved.

(d) If at any point after a request for a decision without a hearing is received, it appears that there is a material and unresolved issue of fact relating to the issue or issues upon which the hearing has been requested, the hearing officer must inform the parties that a hearing in accordance with the provisions of this Part appears to be necessary to resolve the dispute, and the appellant will then have the option of proceeding with such hearing or withdrawing the request for review.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 519.23