N.Y. Comp. Codes R. & Regs. tit. 9 § 133.10

Current through Register Vol. 46, No. 53, December 31, 2024

Section 133.10 - [Effective until 1/7/2025] Request for a Hearing and Notice of Hearing

(a) Any party may request a hearing pursuant to this Part to the Office of Administrative Hearings with copy to the other party.

(b) Upon receipt of notice by the Office of Administrative Hearings for said request for hearing, the Office of Administrative Hearings shall set the matter down for a preliminary conference within a reasonable time frame and at the consent of the parties.

(c) Notice of the preliminary conference by the Office of Administrative Hearings can be made by electronic mail or regular mail.

(d) After the completion of all conferences requested by the parties, or at the discretion of the administrative law judge, the judge shall set a date for the hearing. The Office of Administrative Hearings shall provide a notice of hearing to the parties.

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

(f) Except for an emergency hearing on an order to seal only requested pursuant to this Part, or specified otherwise, service of the notice of hearing, if any, shall be served by the Office of Administrative Hearings at least 45 calendar 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 regular first class mail, service shall be deemed complete five (5) calendar days after mailing.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 133.10

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)

Adopted New York State Register September 25, 2024/Volume XLVI, Issue 39, eff. 9/10/2024, exp. 1/7/2025 (Emergency)