N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 8187-1.13

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

Section 8187-1.13 - Post hearing procedures

(a) A hearing officer may leave the record of a proceeding open until a fixed date after a hearing or until submission of a hearing officer's report. Any material added to the record by the hearing officer must be upon notice to all parties.

(b) The hearing officer shall submit a report to the commissioner in accordance with section 8187-1.2(c) of this Subpart.

(c) [Reserved]

(d) A copy of the hearing officer's report and any recommendation by the commissioner shall be mailed to the respondent at least 15 days prior to the review of such report and recommendation.

(e) A party may submit alternate proposed findings, determinations, or orders to the commissioner. Any such submission must be received by the commissioner at least five days prior to when such matter shall be reviewed and considered.

(f) The commissioner may take official notice of any information which it could otherwise take notice of after the submission of a hearing officer's report upon notice to all parties. The commissioner may supplement its hearing officer's report with evidence of which it has taken official notice pursuant to this section.

(g) The commissioner shall adopt findings of fact and determinations of law accepting or rejecting in whole or in part the report of its hearing officer, including a ruling on each proposed finding of fact submitted by a party. Where a determination made by the commissioner differs from a recommendation of a hearing officer, the reasons for such difference shall be set forth in the commissioner's findings of fact and conclusions of law.

(h) Where the commissioner deems it appropriate to issue an order pursuant to Real Property Tax Law, section 216, such order shall be served by mailing a copy thereof by first class mail addressed to a party at his or her residence or place of business last known to ORPTS, or where the party is represented by an attorney, to that attorney in compliance with section 8187-1.5 of this Subpart. Service shall be complete on the date of mailing and shall be evidenced by an affidavit of service.

(i) In any proceeding in which the commissioner determines that an official's office should be declared vacant or that official's appointment revoked, that declaration or revocation shall be embodied in an order sent to the official by first class mail.

(j) The commissioner may, by serving the notice upon all parties, discontinue an adjudicatory proceeding commenced pursuant to the provisions of this Subpart whenever it shall appear to his or her satisfaction that such proceeding is no longer necessary or appropriate because there are no substantial issues of law or fact left to be resolved. Such notice of discontinuance shall be signed by the commissioner and shall be served in the same manner as notice of hearing pursuant to the provisions of section 8187-1.1(b) of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 8187-1.13