N.Y. Comp. Codes R. & Regs. tit. 9 § 9977.4

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

Section 9977.4 - Notice of hearing or proceeding (form)

(a) Where the commission elects to go forward with a proceeding to determine whether a civil penalty should be assessed pursuant to General Municipal Law, section 813(13), or to take such other action as may be authorized by law, the commission shall serve a written notice, by certified mail or other appropriate method of service authorized under the Civil Practice Law and Rules, to the parties and their representatives of record at least 20 calendar days prior to the date of any hearing or proceeding under these rules. The Notice of Hearing or proceeding shall contain the following:

(1) a statement of the time and place of the hearing or proceeding;

(2) a statement of the nature of the hearing or proceeding;

(3) reference to the particular statutes and rules relevant to the hearing or proceeding;

(4) a short, plain language statement of the violations asserted; and

(5) a statement for hearing impaired parties and participants concerning the provision of deaf interpretation services without charge.

(b) A plain language summary of these rules shall accompany each notice of hearing or proceeding which is sent pursuant to these regulations.

(c) The notice of hearing or proceeding shall contain information concerning circumstances under which an adjournment may be granted and the result of failure to appear for a scheduled hearing or proceeding.

(d) The notice of hearing or proceeding shall inform the parties and their representatives of the right of each party to be represented, to testify, to produce witnesses, to present documentary evidence, and to examine opposing witnesses and evidence.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 9977.4