N.Y. Comp. Codes R. & Regs. tit. 9 § 479.10

Current through Register Vol. 46, No. 24, June 12, 2024

Section 479.10 - Suspension pending hearing

(a) Pending a hearing, an accused member may be suspended without pay:

(1) after charges have been filed against him; or

(2) immediately in an emergency situation where, in the judgment of the superintendent, the continued status of the member as a police officer may constitute a danger to himself or others, and/or the public interest may be seriously jeopardized. In this event, charges will be filed as soon as possible after suspension.

(b) The period of suspension without pay shall not exceed 30 days, unless:

(1) the hearing is delayed beyond 30 days by the accused member's action or that of his counsel; or

(2) unusual circumstances exist beyond the control of the superintendent that prevent filing of charges and/or the holding of a hearing within 30 days.

(c) The 30-day limit may be extended by the length of the delay or the duration of existing unusual circumstances.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 479.10