N.Y. Comp. Codes R. & Regs. tit. 6 § 622.9

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

Section 622.9 - Statement of readiness for adjudicatory hearing and notice of enforcement hearing

(a) 'General.' Upon department staff's filing of a statement of readiness for adjudicatory hearing and a copy of the pleadings with the Chief ALJ and ALJ, if one has been assigned, a proceeding will be scheduled for hearing. The statement of readiness must be in a form established by the department and must be served on all parties to the hearing. However, wherever respondent is entitled by law or regulation to a hearing within a stated period of time, the proceeding will be scheduled for hearing upon the filing of a copy of the answer with the Office of Hearings and Mediation Services.

(b) 'Contents.' The statement of readiness for adjudicatory hearing must include:

(1) the name, address and telephone number of each party and the party's attorney or authorized representative;

(2) a statement that disclosure is complete or has been waived or an explanation as to why disclosure has not been completed;

(3) a statement that a reasonable attempt has been made to settle, and that the proceeding is ready for adjudication; and

(4) a request for a hearing date.

(c) The accuracy and sufficiency of the statement of readiness will not be subject to motion practice or any form of adjudication.

(d) Unless an ALJ is already assigned to a proceeding, the Chief ALJ will, upon receipt of a statement of readiness for adjudicatory hearing that conforms to the requirements of this section, assign an ALJ to the proceeding. The ALJ will thereafter schedule a hearing date.

(e) The ALJ will cause a written notice of enforcement hearing to be served on all parties to the proceeding. The notice must:

(1) set forth the time, date and place of the hearing;

(2) contain a statement that the failure to appear at the hearing constitutes a default and a waiver of respondent's right to a hearing; and

(3) notify the parties that a plain language summary of this Part is available from the Office of Hearings and Mediation Services.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 622.9

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