N.Y. Comp. Codes R. & Regs. tit. 9 § 54.3

2018-11-28 00:00:00+00
s 54.3 - Hearing procedure

(a) The notice of hearing shall set forth the date and time at which the hearing is scheduled to be held. Upon licensee's failure to appear at the hearing or any adjournment thereof, he shall be deemed to have pleaded “no contest,” the charges shall be deemed sustained, and no further hearing shall be held.

(b) A notice of hearing shall be deemed to have been duly served if delivered in person or sent by first class mail to the licensee addressed to the licensed premises and a copy thereof by first class mail to the residence of record of the licensee or of any officer or director of a corporate licensee, or any general partner of a partnership licensee.

(c) Any person who is entitled to notice pursuant to this rule may appear and be heard in peson or by duly appointed representative and may produce, under oath, evidence relevant and material to the charges preferred.

(d) A licensee may be presented by an attorney who is a member in good standing of the Bar of the State of New York.

(e) Any person appearing before the authority in a representative capacity may be requred to show his authority to act in such capacity.

(f) No application for adjournment of a hearing shall be granted except for good cause shown, and if such adjournment is sought upon the grounds that licensee's attorney is actually engaged in a court of record, upon the presentation of an affidavit of actual engagement by such attorney.

(g) Upon granting any adjournment, the hearing officer may direct that the matter be set down peremptorily against the licensee, in which event the licensee shall be notified that he shall not be entitled to any further adjournment.

(h) Any licensee desiring to subpoena a witness may do so in the name of the Chairman of the State Liquor Authority and in the manner provided for subpoenas in the New York Civil Practice Law and Rules. If evidence other than oral testimony is required, such as documents or written data, the subpoena shall set forth the specific matter to be produced.

CROSS REFERENCES:

Officers; Employees; Offices, Alcoholic Beverage Control Law § 15.

Procedure for Revocation or Cancellation, Alcoholic Beverage Control Law § 119.

RESEARCH REFERENCES AND PRACTICE AIDS:

3 NY Jur 2d, Alcoholic Beverages §§ 67, 68.

45 Am Jur 2d, Intoxicating Liquors §§ 189, 190.

9 CRR-NY 54.3 Current through July 31, 2018