N.Y. Comp. Codes R. & Regs. tit. 10 § 16.20

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

Section 16.20 - Hearings

(a) On disapproval of applications. If the department disapproves any application filed pursuant to section 16.102 of this Part:

(1) The department will conduct a hearing if the applicant files with the department a written petition within 30 days after receipt of such notice of disapproval, and the petition:

(i) asserts that such disapproval was, and the respect in which it was, improper; and

(ii) requests a hearing.

(2) Having determined to conduct a hearing on the issues raised in an applicant's petition, the department will give written notice by personal delivery or by certified or registered mail to the applicant at least 20 days prior to such hearing, informing that person that he/she may be present and heard at the hearing.

(b) On amendment, suspension or revocation of licenses; imposition of additional requirements; transfer or surrender of radioactive material. Except in any case of willfulness or in which the public health or safety requires otherwise, or in which an administrative correction is required, the department shall not amend, suspend or revoke any license pursuant to section 16.107 of this Part, or impose additional requirements on the possessor of a radiation source or require the transfer or surrender of radioactive material pursuant to section 16.18 of this Part, unless the prior consent of the licensee or person involved has first been obtained, without first:

(1) notifying in writing such licensee or person of the facts or conduct which may warrant such amendment, suspension, revocation, additional requirement, transfer or surrender, and giving such licensee or person a reasonable opportunity to demonstrate or achieve compliance with all lawful requirements; and

(2) conducting a hearing if the licensee or person files with the department a written petition within 30 days after receipt of such notice, and the petition:

(i) asserts that such amendment, suspension, revocation. additional requirement, transfer or surrender would be, and the respects in which it would be improper; and

(ii) requests a hearing;

(3) giving written notice by personal delivery or by certified or registered mail to the licensee or person at least 20 days prior to any hearing ordered pursuant to paragraph (2) of this subdivision. Such notice will inform the licensee or person that he/she may be present and heard at the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 16.20