N.Y. Comp. Codes R. & Regs. tit. 9 § 479.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 479.5 - Preparation of charges

If: the superintendent determines that charges should be prepared; or the accused member does not accept the penalty imposed as a result of the findings of the first deputy superintendent and requests a hearing; or the findings of the first deputy superintendent are that there is reasonable cause to believe the accused is guilty of the violation alleged and the penalty may involve dismissal or suspension without pay for a period in excess of 30 days, or reduction in permanent rank; and it is recommended by the first deputy superintendent that charges be filed, charges shall be prepared, reduced to writing, filed and served on the accused member within 10 days after the signing of such charges by the superintendent and shall include:

(a) the charge, indicating completely the law, or the rule, regulation, instruction or order which is alleged to have been violated;

(b) specifications setting out the information and/or facts substantiating the charge;

(c) the fact that disciplinary action may result in separation from the division either temporarily or permanently, or in reduction in permanent rank; and

(d) the names and addresses of persons preferring the charges or who are witnesses in the matter.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 479.5