N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 270-10.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 270-10.2 - Notice of violation and hearing

(a) All civil enforcement proceedings shall be initiated by service upon the respondent of a written notice of violation and hearing. The notice of violation and hearing shall contain a statement of the legal authority and jurisdiction including the provisions of section 75 (7)(g)(i) of the Public Lands Law, a description of the prohibited structure, occupation or area of fill, the amount of the penalty and any additional daily penalties imposed by said statute, and notice of hearing on the alleged violation.

(b) The notice of hearing shall specify the time and place of the hearing and shall set a date for a hearing not earlier than 20 days after service of notice of violation and hearing. In lieu of a hearing date, a notice of hearing may set a return date not less than seven days after service, at which time a hearing date will be set if the matter is not disposed of at that time.

(c) Service of a notice of violation and hearing shall be by certified mail and service shall be complete when the notice of violation and hearing is received by the respondent.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 270-10.2