N.Y. Comp. Codes R. & Regs. tit. 6 § 645-4.11

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

Section 645-4.11 - Final determination and order

(a) After receipt of the hearing officer's report, the commission shall make a final determination based upon the record.

(b) The final determination shall be embodied in a final order which shall contain findings of fact and conclusions of law or reasons for the final determination, and which may provide for:

(1) the dismissal of charges;

(2) an assessment of penalties consistent with applicable provisions of the ECL, articles 43 and 71, title 33;

(3) a direction for abatement;

(4) a combination of any or all of the foregoing; or

(5) any determination deemed appropriate under the circumstances, consistent with applicable provisions of the ECL, articles 43 and 71, title 33, or the rules and regulations promulgated thereunder, or any permits, certificates or orders issued by the commission.

(c) A copy of the final determination and order shall be served on the parties in the same manner as is provided by section 645-4.2(c) of this Subpart for the service of a notice of hearing and complaint or UAC.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 645-4.11