N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 581-4.3

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

Section 581-4.3 - Commencement of an administrative enforcement hearing

(a) The executive director may commence an administrative enforcement hearing to enforce the FWA by service upon the respondent of a notice of hearing and a complaint. The notice of hearing shall include the following:

(1) a statement that a hearing date will be set by the hearing officer;

(2) a statement that any answer shall be signed by the respondent or his attorney, and that any affirmative defenses, including exemptions to permit requirements, will be waived unless raised in the answer; and that the failure to answer or to appear at the hearing will result in a default and a waiver of respondent's right to a hearing; and

(3) a statement that the respondent may appear at the hearing either in person or by counsel, and be heard concerning any disputed matter of fact or law or with respect to the nature of any proposed resolution. The notice should state that a respondent may authorize a person other than an attorney to speak on his behalf so long as the respondent appears in person at the hearing.

(b) The complaint shall recite the grounds for the agency's action, and shall identify the material facts, documentary evidence, and the provisions of law upon which the complaint is based, and the requested agency relief.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 581-4.3