New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter XI - Division Of Safety And Health
Subchapter A - Public Employees' Safety And Health
Part 803 - Variance Regulations
Section 803.18 - Consent findings and orders

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 803.18

Current through Register Vol. 46, No. 39, September 25, 2024

(a) General. At any time before the reception of evidence in any hearing, or during any hearing a reasonable opportunity may be afforded to permit negotiation by the parties of an agreement containing consent findings and an order disposing of the whole or any part of the proceeding. The allowance of such opportunity and the duration thereof shall be in the discretion of the hearing officer, after consideration of the nature of the proceeding, the requirements of the public interest, the representation of the parties, and the probability of an agreement which will result in a just disposition of the issues involved.

(b) Contents. Any agreement containing consent findings and an order disposing of a proceeding shall also provide:

(1) that the order shall have the same force and effect as if made after a full hearing;

(2) that the entire record on which any order may be based shall consist solely of the application and the agreement;

(3) a waiver of any further procedural steps before the hearing officer and the commissioner; and

(4) a waiver of any right to challenge or contest the validity of the findings and of the order made in accordance with the agreement.

(c) Submission. On or before the expiration of the time granted for negotiations, the parties or their representatives may submit the proposed agreement to the hearing officer for consideration or inform the hearing officer that agreement cannot be reached.

(d) Disposition. In the event an agreement containing consent findings and an order is submitted within the time allowed therefor, the hearing officer may issue a decision based upon the agreed findings.

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