N.Y. Comp. Codes R. & Regs. tit. 9 § 465.20

Current through Register Vol. 46, No. 50, December 11, 2024

Section 465.20 - Reopening of proceedings by commissioner

(a) Reopening on commissioner's own motion.

(1) The commissioner, or any designee of the commissioner including, but not limited to, those specifically referred to in these rules, may, on his or her own motion, whenever justice so requires, reopen a proceeding, determination or record, and take such action as may be deemed necessary.

(2) No case shall be reopened where an appeal has been taken to court from an order dismissing a case for lack of probable cause or lack of jurisdiction. However, the division may request the court to remand such a case for good cause.

(b) Reopening a probable cause determination on application of a respondent.

(1) The commissioner, or any designee of the commissioner, may, on written application of a respondent, made within 60 days after the division issues a determination of probable cause, whenever justice so requires, reopen a proceeding and take such action as may be deemed necessary. The general counsel shall be the designee of the commissioner for the purposes of this subdivision.

(2) Respondent's application must be served on all parties. Complainant will be given an opportunity to submit a response to the application. No additional submissions from the parties will be accepted.

(c) Time to appeal expired. Where a complaint has been dismissed after investigation for lack of probable cause or lack of jurisdiction, the time to appeal to court has expired, and less than one year has passed since the dismissal, reopening may be predicated only upon:

(1) actions occurring subsequent to the investigation; or

(2) an allegation of newly discovered evidence of wrongdoing, fraud or irregularity which the applicant could not, with due diligence, have discovered before the dismissal of the complaint.

(d) Withdrawn complaints. Where a complaint has been withdrawn, it may not be reopened except upon an allegation that the withdrawal was induced by fraud, coercion, or error, contained in a written application for such reopening made to the division within one year after the issuance by the division of a notice that said complaint has been withdrawn, or within one year from the effective date hereof. Nothing herein contained shall be construed to limit the complainant's right to refile a withdrawn complaint no later than one year after the alleged discriminatory practice.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 465.20