N.Y. Comp. Codes R. & Regs. tit. 9 § 133.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 133.8 - [Effective until 4/2/2024] Notice of Hearing and Statement of Charges

(a) A notice of hearing and statement of charges shall be provided to the licensee by the office and will include a statement of the legal authority and jurisdiction under which the proceeding is to be held, a reference to any applicable statutes and regulations that serve as the basis of the violation, and a statement of the matters asserted comprising the statement of charges.

(b) The notice of hearing shall specify the time, place and date for a hearing.

(c) Service of the notice of hearing and statement of charges, if any, shall be served at least thirty (30) days prior to the date of the hearing and shall be sent by certified or registered mail, or by service consistent with Article 3 of the CPLR. Where service is by mail, service shall be deemed complete three (3) days after mailing.

(d) The notice shall provide the licensee with the opportunity cure.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 133.8

Adopted New York State Register April 26, 2023/Volume XLV, Issue 17, eff. 4/6/2023 (Emergency)

Amended New York State Register August 16, 2023/Volume XLV, Issue 33, eff. 8/4/2023, exp. 12/4/2023 (Emergency)

Adopted New York State Register December 20, 2023/Volume XLV, Issue 51, eff. 12/4/2023, exp. 4/2/2024 (Emergency)