N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-4.2

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

Section 645-4.2 - Notice and complaint

(a) All civil enforcement proceedings shall be initiated by service upon the respondent of a notice of hearing and a complaint or a uniform administrative complaint (UAC). The complaint or UAC shall contain a statement of the legal authority and jurisdiction under which the proceeding is to be held, a reference to the particular sections of the statutes and rules involved, and a short and plain statement of the matters asserted.

(b) The notice of hearing shall specify the time and place of the hearing, and shall set a date for a hearing not earlier than 20 days after service of the notice and complaint. In lieu of a hearing date, a notice of hearing may set a return date not less than seven days after service, at which time a hearing date will be set if the matter is not disposed of at that time.

(c) Service of the notice of hearing and a complaint or a UAC shall be by any method authorized by the CPLR, or by certified mail. Where service is by certified mail, service shall be complete when the notice of hearing and complaint or UAC is received by the respondent.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-4.2