N.Y. Comp. Codes R. & Regs. tit. 19 § 1208-6.5

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

Section 1208-6.5 - Hearings and determinations

(a) Referral to Office of Administrative Hearings. The department may refer the question of whether a building safety inspector or code enforcement official did or did not materially fail to uphold his or her code enforcement duties to the department's Office of Administrative Hearings. Upon such referral, an administrative law judge in the Office of Administrative Hearings shall conduct a hearing and shall render a decision in writing.

(b) Hearing. The hearing shall be conducted in accordance with the provisions of Article 3 of the State Administrative Procedure Act and Part 400 of this Title that are applicable to proceedings to suspend or revoke a license. For that purpose, in any provision of Article 3 of the State Administrative Act or Part 400 of this Title (including but not necessarily limited to section 400.4(a) of Part 400) that is applicable to proceedings to suspend or revoke a license, the term "license" shall be deemed to include a certification as a building safety inspector or code enforcement official issued pursuant to any provision of this Part. However, nothing in this section or elsewhere in this Part shall be construed as categorizing any certification issued pursuant to this Part as a "license" for the purposes of any provision of the State Administrative Procedure Act or Part 400 of this Title (including but not necessarily limited to section 400.4(b) and section 400.13(b) of Part 400) that is applicable to a determination to deny an application for a license or for renewal of a license.

(c) Decision. The decision shall include findings of fact and conclusions of law or reasons for the decision, determination, or order. If the administrative law judge finds that the building safety inspector or code enforcement official did materially fail to uphold his or her code enforcement duties, the administrative law judge shall:

(1) suspend the certification of such building safety inspector or code enforcement official for such period of time, and subject to such terms and conditions, as the administrative law judge may deem to be appropriate, or

(2) revoke the certification of such building safety inspector or code enforcement official.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1208-6.5

Adopted New York State Register August 22, 2018/Volume XL, Issue 34, eff.8/22/2018