New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter II - Administrative Rules and Regulations
Subchapter I - Environmental Health
Part 76 - Public Health Administrative Tribunal
Section 76.3 - Public health administrative tribunal; establishment, powers and duties
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 76.3
Current through Register Vol. 46, No. 12, March 20, 2024
(a) A public health administrative tribunal is established in the department consisting of three executive level staff members as designated by the commissioner. The tribunal will itself, or through delegation to tribunal representatives, have the power and duty to:
(1) accept pleas to hear and
determine allegations of violations of the Public Health Law and State Sanitary
Code (Chapter I of this Title), and pertinent provisions of the administrative
rules and regulations of the department;
(2) examine witnesses and receive evidence
for this purpose;
(3) administer
oaths and affirmations;
(4) sign
and issue subpoenas in the name of the department at the request of any party,
requiring attendance and giving of testimony by witnesses and production of
books, papers, documents and other evidence; such subpoenas shall be regulated
by the Civil Practice Law and Rules;
(5) provide for taking of testimony by
deposition;
(6) regulate the course
of the hearings, set the time and place for continued hearings, and fix the
time for filing of briefs and other documents;
(7) determine whether or not to offer a
stipulation as provided in section
76.9 of
this Part;
(8) impose fines,
penalties, permit revocations, permit suspensions or closure as
authorized;
(9) order abatement of
violations, and a schedule for such abatement; and
(10) order reinspection of the facility to
determine compliance with the State Sanitary Code and orders for
abatement.
(b) The tribunal will:
(1) serve as the department's
review board with respect to appeals made from the decisions, determinations
and orders of designated tribunal representatives;
(2) maintain records relating to
appeals;
(3) adopt administrative
procedures and guidelines; and
(4)
maintain a record of designated tribunal representatives and their
decisions.
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