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 803.26 - Summary decision
Universal Citation: 12 NY Comp Codes Rules and Regs ยง 803.26
Current through Register Vol. 46, No. 52, December 24, 2024
(a) No genuine issue of material fact.
(1) Where no
genuine issue of a material fact is found to have been raised, the hearing
officer may issue an initial decision to become final 20 days after service
thereof, unless within such period of time any party has filed written
exceptions to the decision. If any timely exception is filed, the hearing
officer shall fix a time for filing any objections to the exception and any
supporting reasons. Thereafter, the commissioner, after consideration of the
exceptions and any supporting briefs filed therewith and of any objection to
the exceptions and any supporting reasons, may issue a final
decision.
(2) An initial decision
and a final decision made under this paragraph shall include a statement of:
(i) findings and conclusions, and the reasons
or bases therefor, on all issues presented; and
(ii) the terms and conditions of the rule or
order made.
(3) A copy
of an initial decision and a final decision under this paragraph shall be
served on each party.
(b) Hearings on issues of fact. Where a genuine material question of fact is raised, the hearing officer shall, and in any other case may, set the case for an evidentiary hearing in accordance with section 803.16(e) of this Part.
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