N.Y. Comp. Codes R. & Regs. tit. 9 § 133.22

Current through Register Vol. 46, No. 43, October 23, 2024

Section 133.22 - [Effective until 1/7/2025] Filing of Exceptions to Administrative Law Judge's Decision

(a) Within 30 calendar days of the date a copy of the decision of the administrative law judge is sent to all parties, any party may submit exceptions to the decision for review by the board. If a party elects to submit such an exception, it must be submitted electronically in a document not to exceed 10 pages and must be single spaced and typed in a times new roman, 12-point font, unless approval has been given by the office to submit the exception in another manner.

(b) The exceptions may include:

(1) the administrative law judge's findings of fact, conclusions of law, penalty, or disposition with which the party disagrees, the reasons for disagreement and a substitute finding, conclusion or disposition;

(2) general comments on the appropriateness of the decision; and

(3) an alternative proposed decision for consideration by the board.

(c) The party shall send a copy of its exceptions to all other parties or their attorneys and the administrative law judge.

(d) The opportunity to submit exceptions may be waived by a party.

(e) On notice to all parties, a party may request the board to extend the exception period. The board shall only address a request for an extension that has been made prior to the expiration of the exception period and after giving all other parties an opportunity to state their positions as to the request. The exception period may be extended by the board at the request of either party, for good cause shown, and on notice to all parties. Extensions of time shall not be granted to allow a party to respond to exceptions already filed by another party.

(f) All exceptions to an administrative law judge's decision shall be submitted to the board with the record of the hearing.

(g) If an exception is not submitted as set forth herein, the decision of the administrative law judge shall be affirmed as final and shall become the final determination of the board, and the parties will be deemed to have waived any rights they may otherwise have or have had to challenge the administrative law judge's decision.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 133.22

Adopted New York State Register April 26, 2023/Volume XLV, Issue 17, eff. 4/6/2023 (Emergency)

Amended New York State Register August 16, 2023/Volume XLV, Issue 33, eff. 8/4/2023, exp. 12/4/2023 (Emergency)

Adopted New York State Register December 20, 2023/Volume XLV, Issue 51, eff. 12/4/2023, exp. 4/2/2024 (Emergency)

Adopted New York State Register September 25, 2024/Volume XLVI, Issue 39, eff. 9/10/2024, exp. 1/7/2025 (Emergency)