N.Y. Comp. Codes R. & Regs. tit. 9 § 479.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 479.4 - Options of accused member

(a) The accused member may, of his own volition, accept the penalty imposed by the first deputy superintendent, advising his troop or detail commander orally of his decision to accept the penalty imposed and waiving his right to a formal hearing. This oral advisement shall be confirmed promptly by memorandum directed to the troop or detail commander, who shall forward it promptly to division headquarters.

(b) Should the accused member wish to have a formal hearing, he shall orally so inform his troop or detail commander; the penalty will not be imposed pending the outcome of the hearing. He shall further confirm this request by memorandum to his troop or detail commander within a period of three days after he is initially notified of the findings and penalty imposed. The troop or detail commander shall immediately forward this memorandum request to division headquarters; the findings of the first deputy superintendent and the penalty imposed shall be set aside by the superintendent; thereafter, charges will be prepared and served on the accused member. The findings and penalty recommended by the first deputy superintendent will not, in any way, be binding on the hearing board; the board shall reach an independent determination from the facts presented at the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 479.4