N.Y. Comp. Codes R. & Regs. tit. 6 § 622.18

Current through Register Vol. 46, No. 16, April 17, 2024

Section 622.18 - Final order

(a) 'Hearing report.'

(1) The ALJ will submit a hearing report to the commissioner within forty-five (45) days after the close of the record. The report must include findings of fact, conclusions of law and recommendations on all issues before the ALJ.

(2) The hearing report will be circulated to the parties as a recommended decision when:

(i) required by law; or

(ii) directed by the commissioner.

(3) All parties to the hearing must have fourteen (14) days after receipt of the recommended decision to file comments to the commissioner, unless the time is shortened or lengthened by the ALJ or the commissioner.

(b) 'Final orders.'

(1) Where a recommended decision has not been issued, the final order of the commissioner, together with the hearing report of the ALJ, will be issued sixty (60) days after the close of the record.

(2) Where a recommended decision has been issued, the final order of the commissioner will be issued within thirty (30) days after the close of the record, such event occurring at the expiration of the time allowed for comment on the recommended decision.

(c) 'Stipulations.' At any time prior to a final order, the department and respondent may enter into a stipulation on any matter. Where a stipulation is reached on all violations alleged against all respondents, any hearing will be canceled and no further action of the commissioner will be required. Within five (5) days of the execution of the stipulation, department staff must serve a copy of the fully executed stipulation on all parties and file a copy of the fully executed stipulation with the ALJ. Upon receipt of the executed stipulation, the ALJ will close the matter.

(d) 'Reopening the record.' At any time prior to issuing the final order, the commissioner or the ALJ may direct that the hearing record be reopened to consider significant new evidence.

(e) The final determination will be embodied in an order, which must contain findings of fact and conclusions of law or reasons for the final determination and may provide for:

(1) a finding of liability or the dismissal of the alleged violations;

(2) assessment of penalties or other sanctions consistent with the applicable provisions of the ECL;

(3) direction for abatement, restoration or other remedial activity, or provision for financial security;

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

(5) any determination deemed appropriate under the circumstances, and consistent with applicable provisions of the ECL or other laws administered by the commissioner, or the rules and regulations promulgated thereunder.

(f) A copy of the final order will be served on the parties in the same manner as prescribed in paragraph 622.3(a)(3) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 622.18

Adopted New York State Register September 16, 2020/Volume XLII, Issue 37, eff. 9/16/2020