N.Y. Comp. Codes R. & Regs. tit. 23 § 2.17

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

Section 2.17 - Hearing officer's report

(a) Within ninety (90) days after the record of the hearing is closed in an adjudicatory proceeding, other than a hearing seeking relief from an order of summary suspension pursuant to Part 31 of Title 11, the hearing officer shall make a written report of findings and recommendations, if any, to the Superintendent or the Superintendent's designee of the action to be taken. The time herein provided for the hearing officer to make the report to the Superintendent shall confer no substantive rights on respondents.

(b) Prior to the close of the hearing, a party may request a copy of the report and an opportunity to comment thereon before the Superintendent or the Superintendent designee acts on such report.

(c) Where a request has been made pursuant to subsection (b) of this section, the hearing officer shall serve a copy of the report on each party.

(d) Within fourteen (14) days of such service or such other period specified by the hearing officer, a party shall have the opportunity to submit written comments to the Superintendent or the Superintendent's designee on the report.

(e) Within seven (7) days of service of written comment or such other period specified by the hearing officer, a party shall have the opportunity to submit written comments in reply to another party's written comment.

(f) The party submitting the comments shall simultaneously serve such comments on all parties.

N.Y. Comp. Codes R. & Regs. Tit. 23 § 2.17

Adopted New York State Register March 25, 2020/Volume XLII, Issue 12, eff. 3/25/2020