N.Y. Comp. Codes R. & Regs. tit. 9 § 9750.3

Current through Register Vol. 46, No. 36, September 4, 2024

Section 9750.3 - Decision without hearing

(a) The appellant shall have the option to request that his/her appeal from a contractor's determination after reconsideration be decided without a hearing. Such request will be granted when it is determined that no unresolved material issue of fact is involved in the case and that the only questions presented are questions of law. A request for a decision without a hearing must be accompanied by sufficient information to ascertain whether any unresolved material issue of fact exists, and should contain a full and clear statement of the issue and the appellant's position on the issue.

(b) Upon receipt of a request for a decision without a hearing which presents, on its face, no factual dispute, a copy of the request and any supporting documents will be sent to the contractor. Within 10 working days of its receipt of the documents submitted by the appellant, the contractor shall forward, to the hearing officer, the appellant and the appellant's representative, its response containing sufficient information to ensure resolution of the dispute.

(c) The hearing officer shall make any further inquiries of the appellant, the appellant's representative and the contractor which are necessary to resolve the issues involved.

(d) If at any point after a request for a decision without a hearing is received, it appears that there is a material and unresolved issue of fact relating to the issue or issues upon which the hearing has been requested, the hearing officer shall inform the parties that a full hearing in accordance with the provisions of this Part must be scheduled to resolve the dispute, and the appellant shall then have the option of proceeding with such hearing or withdrawing the request for review.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 9750.3