New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter X - General Rules
Part 701 - Procedural Rules For Hearings
Section 701.4 - Notice of hearing
Universal Citation: 12 NY Comp Codes Rules and Regs ยง 701.4
Current through Register Vol. 45, No. 52, December 27, 2023
Adjudicatory proceedings shall be commenced by the issuance of a notice of hearing which describes the violations with which the respondent is charged.
(a) The notice shall include:
(1) the date time place and purpose
of the hearing;
(2) a statement of
the legal authority and jurisdiction pursuant to which the hearing is being
held;
(3) where possible, a
reference to the specific sections of the statute, rules, regulations and/or
standards involved;
(4) a statement
of the charges, including matters raised and the issue(s) to be determined,
provided, however, that nothing shall preclude the consideration at the hearing
of relevant issues not raised in the notice, in a manner consistent with
Respondent's right to respond to such issues;
(5) the identity of the individual designated
to conduct the hearing;
(6) the
procedure to apply for an adjournment.
(b) The notice shall be personally served or sent by mail to all parties to the proceeding.
(c) Whenever possible, the notice shall be personally served or mailed at least thirty days prior to the date of the hearing.
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