N.Y. Comp. Codes R. & Regs. tit. 9 § 9977.12

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

Section 9977.12 - Decision after hearing or proceeding

(a) All final recommendations of the hearing officer, and all decisions and determinations of the executive director and the commission, shall be in writing or stated in the record and shall include findings of fact, conclusions of law, and reasons for the decision or determination and, when appropriate, shall direct that specific action be taken by the parties. The final decisions or determinations of the commission and the executive director shall be binding upon the commission.

(b) A copy of all final decisions and determinations of the executive director and the commission and recommendations of the hearing officer shall be made available to the parties to the hearing or proceeding, and shall be delivered or mailed forthwith to each party and to its representative of record.

(c) Except as required for the disposition of ex parte matters authorized by law, members or employees of the commission assigned to make a determination or decision, or to make findings of fact and conclusions of law in any hearing or proceeding, shall not communicate directly or indirectly, in connection with any issue of fact, with any person or party, nor in connection with any issue of law, with any party or its representative, except upon notice and opportunity for all parties to participate. Any member or employee of the commission may communicate with other members or employees and may have the aid and advice of agency staff, including Counsel to the commission, other than staff which has been or is engaged in the investigative or prosecuting functions in connection with the case under consideration or a factually related case.

(d) The commission shall maintain the final decision or determination in any hearing or proceeding in a file with an index by name of party and subject matter. The index and the notice of civil assessment, if any, shall not be made available for public inspection and copying except as provided in section 9977.18 of this Part. Each decision or determination shall be so filed and indexed within 60 days after having been rendered.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 9977.12