N.Y. Comp. Codes R. & Regs. tit. 9 § 133.23

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

Section 133.23 - [Effective until 1/7/2025] Determination of the Board

(a) The board shall be responsible for issuing determinations after review of decision issued by administrative law judges if an exception to the decision has been taken, provided, however, that the board may delegate such authority to the board's designee.

(b) Within 120 days after the issuance of the administrative law judge's decision, the board or its delegee shall issue a determination.

(c) The board's determination shall be embodied in a written order containing the reasons in support of the determination. The board in its sole discretion may engage outside assistance in the review of facts and law pertaining to any case before it.

(d) The drafting of the determination may be delegated to a designee who has had no prior involvement with respect to the matter.

(e) The board's determination may incorporate by reference, or reject, the administrative law judge's determination in whole or in part. The board shall consider all parties' exceptions submitted in response to the administrative law judge's decision but is not required to respond to these submissions.

(f) The board determination shall include, but not be limited to, the following:

(1) a statement of reasons including decisions of each issue of fact or law necessary to the determination;

(2) any disciplinary actions, sanctions, or penalty or an informal disposition of the matter;

(3) the board's determination shall be supported by at least a majority of the members deciding the matter;

(4) the board's determination constitutes a final agency determination; and

(5) the board or a delegee of the board shall electronically mail a copy of the determination to each licensee or their attorneys of record and, upon written request, shall mail a copy of the determination to each licensee or their attorneys of record.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 133.23

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)