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 76.8 - Tribunal representatives
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 76.8
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Except as otherwise provided by statute, the tribunal representatives conducting hearings are authorized to:
(1)
accept pleas to, and hear and determine, allegations by the department of
violations of the provisions of the Public Health Law, the 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;
(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;
(10) order reinspection of the facility to
determine compliance with the Stae Sanitary Code and orders for
abatement.
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