N.Y. Comp. Codes R. & Regs. tit. 18 § 516.2

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

Section 516.2 - Notice

(a) Notice of proposed agency action.

(1) When OMIG proposes to impose a monetary penalty under this Part, OMIG must first send the person a written notice of proposed agency action. Such notice must be mailed to the person's designated payment address, designated correspondence address, or last known address.

(2) The notice of proposed agency action must contain:

(i) the alleged violation(s);

(ii) facts which support the conclusion that a violation has occurred;

(iii) the amount of the proposed monetary penalty;

(iv) the legal authority for the penalty;

(v) the opportunity for the person to submit documentation or written arguments objecting to the proposed action within 30 calendar days of receipt of the notice of proposed agency action. The objections must be in writing and include a written statement detailing the specific items in the notice of proposed agency action to which the person objects; and

(vi) a statement that the failure to object within the time provided may result in the adoption of the proposed penalties as the final penalties and that, pursuant to section 519.18 of this Title, the issues to be addressed at an administrative hearing will be limited to those matters contained in any objection to the proposed action.

(3) Any documentation or written arguments submitted by the person objecting to the notice of proposed agency action must be mailed to OMIG, at the address specified in the notice of proposed agency action, within 30 calendar days of receipt of the notice of proposed agency action which will be presumed, in the absence of evidence to the contrary, to be five calendar days after the date on the notice of proposed agency action.

(4) For good cause shown, OMIG may, in its discretion, extend the 30-calendar day period to respond to the notice of proposed agency action.

(b) Notice of agency action.

(1) If, after its review, OMIG determines to impose a monetary penalty, it must send a written notice of agency action advising the person of the final determination at least 20 days before the action becomes effective. In preparing the notice of agency action, OMIG must consider the person's objections, any supporting documents and materials, if any, submitted in response to the notice of proposed agency action. Such notice must be either mailed to the person's designated payment address, designated correspondence address, or last known address.

(2) The notice of agency action must contain:

(i) the alleged violation(s);

(ii) facts which support the conclusion that a violation has occurred;

(iii) the amount of the monetary penalty;

(iv) the legal authority for the penalty;

(v) the effective date of the penalty; and

(vi) the right of the person to appeal the determination and of the requirements and procedures for requesting an administrative hearing.

(3) Where a person timely requests a hearing to review the imposition of a penalty, such hearing must be conducted pursuant to the provisions of Part 519 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 516.2

Adopted New York State Register October 21, 2020/Volume XLII, Issue 42, eff. 10/21/2020