N.Y. Comp. Codes R. & Regs. tit. 9 § 581-3.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 581-3.4 - Agency action

(a) If the permit holder requests a hearing, the executive director shall appoint a hearing officer and a hearing shall be held and an agency determination shall be made in accordance with the hearing procedures set forth under Subpart 581-4 of this Part.

(b) If the permit holder does not request a hearing, the enforcement committee shall consider the notice of intent and any written response from the permit holder and shall make a recommendation to the agency for consideration.

(c) In reaching its determination, the agency shall either:

(1) rescind the notice of intent; or

(2) issue a final determination and order.

(d) Any agency determination made pursuant to this subdivision shall be served upon the permit holder within 30 days of the date on which the agency considers this matter.

(e) When the agency proposes to modify, suspend or revoke a permit, the terms and conditions of the original permit will remain in effect until the agency has issued a final determination under this section or pursuant to section 581- 4.16 of this Part, provided that nothing in this Subpart shall preclude or affect the agency's authority to commence other proceedings or to refer a violation to the Attorney General for legal action.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 581-3.4