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 803.21 - Decisions of hearing officers

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 803.21

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

(a) Proposed findings of fact, conclusion, and rules or orders. Within 10 days after receipt of notice that the transcript of the testimony has been filed or such additional time as the presiding hearing officer may allow, each party may file with the hearing officer proposed findings of fact, conclusion of law, and rule or order, together with a supporting brief expressing the reasons for such proposals. Such proposals and brief shall be served on all other parties, and shall refer to all portions of the record and to all authorities relied upon in support of each proposal.

(b) Decision of the hearing officer. Within a reasonable time after the time allowed for the filing of proposed findings of fact, conclusions of law, and rule or order, the hearing officer shall make and serve upon each party a decision, which shall become final upon the 20th day after service thereof, unless exceptions are filed thereto. The decison of the hearing officer shall include:

(1) a statement of findings and conclusions with reasons and bases therefor, upon each material issue of fact, law or discretion presented on the record; and

(2) the appropriate rule, order, relief or denial thereof.

The decision of the hearing officer shall be based upon a consideration of the whole record and shall state all facts officially noticed and relied upon. It shall be made on the basis of a preponderance of reliable and probative evidence.

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