N.Y. Comp. Codes R. & Regs. tit. 9 § 581-4.16

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

Section 581-4.16 - Final agency determination

(a) Upon the Agency's receipt of a hearing record pursuant to section 581-4.14(h) of this Subpart, the enforcement committee shall review the record and make a recommendation to the agency for consideration.

(b) In reaching its determination, the agency shall review the record and committee recommendations and make a final determination. The agency's final determination will be embodied in an order which contains findings of fact and conclusions of law and may provide for:

(1) a finding of liability or dismissal of the charges;

(2) an assessment of penalties or other sanctions consistent with the applicable provisions of the Act or the ECL;

(3) injunctive relief including abatement or restoration activities, and provision for financial security to assure completion of such activities;

(4) modification, suspension or revocation of an agency permit;

(5) a combination of any or all of the foregoing; and

(6) any determination deemed appropriate under the circumstances and consistent with applicable provisions of the Act, the ECL and/or the rules and regulations of the agency.

(c) The final determination of the agency shall be issued on or before 60 days after the receipt by the agency of a hearing record.

(d) A copy of the final determination and order shall be served on the parties.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 581-4.16