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

Current through Register Vol. 46, No. 17, April 24, 2024

Section 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 (1) 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, or (2) transmitted by electronic means to the licensee and, if applicable, the licensee's attorney or authorized representative.

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

(d) A licensee may be represented by an attorney who is a member in good standing of the Bar of the State of New York. Such attorney shall provide the authority with an email address for the purpose of service of papers related to the proceeding.

(e) Any person appearing before the authority in a representative capacity may be required to show his or her authority to act in such capacity. Such representative shall provide the authority with an email address for the purpose of service of papers related to the proceeding.

(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 it 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.

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

Amended New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022