New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter XX - Higher Education Services Corporation
Subchapter A - Administration
Part 2005 - Hearing Procedures
Section 2005.2 - Hearings

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 2005.2

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

(a) In an adjudicatory proceeding, all parties shall be afforded an opportunity for hearing with reasonable time.

(b) All parties shall be given reasonable notice of such hearing, which notice shall include:

(1) a statement of the time, place and nature of the hearing;

(2) a statement of the legal authority and jurisdiction under which the hearings is to be held;

(3) a reference to the particular sections of the statutes and rules involved, where possible;

(4) a short and plain statement of matters asserted. Upon application of any party, a more definite and detailed, statement shall be furnished whenever the corporation finds that the statement is not sufficiently definite or not sufficiently detailed.

(c) All parties will be afforded an opportunity to present written argument on issues of law and policy and an opportunity to present evidence and such argument on issues of fact; provided, however, that nothing contained in this Part shall be construed to prohibit the corporation from allowing parties to present oral argument within a reasonable time.

(d) Unless precluded by statute, disposition may be made by any adjudicatory proceeding by stipulation, agreed settlement, consent, order, default, or other informal method.

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