N.Y. Comp. Codes R. & Regs. tit. 8 § 31.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 31.5 - Request for a hearing

(a) If a respondent to a cease and desist order contests the cease and desist order, the respondent shall request a hearing conducted by the department within 30 days of respondent's receipt of such cease and desist order.

(b) A request for a hearing shall be in writing, on a form prescribed by the commissioner, and shall contain the following information:

(1) an address and phone number designated by respondent for receipt of all correspondence;

(2) the name, address, and phone number of respondent's attorney, if respondent chooses to be represented by an attorney;

(3) a request for a stay, on a form prescribed by the commissioner, if respondent requests a stay of such cease and desist order pursuant to section 31.6 of this Part; and

(4) the basis for respondent's objection to the cease and desist order and to any civil penalty or restitution being sought, if any.

(c) All requests for a hearing shall be submitted to the Professional Conduct Officer, New York State Education Department, 475 Park Avenue South, 2nd Floor, New York, NY 10016.

(d) The respondent may also file with the designated hearing officer a written answer to the cease and desist order no later than five days prior to the first scheduled hearing date, together with proof of service on the Office of Prosecutions, New York State Education Department, 475 Park Avenue South, 2nd Floor, New York, NY 10016. The answer shall contain a clear and concise statement of respondent's defenses to each alleged violation in the cease and desist order and to any civil penalty or restitution imposed.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 31.5