§ 17. Formal hearings; notice and procedure. 1. The board, or any
person designated by them for this purpose, may issue subpoenas and
administer oaths in connection with any hearing or investigation under
or pursuant to this chapter, and it shall be the duty of the board and
any persons designated by them for such purpose to issue subpoenas at
the request of and upon behalf of the respondent.

2. The board and those designated by them shall not be bound by the
laws of evidence in the conduct of hearing proceedings, but the
determination shall be founded upon preponderance of evidence to sustain
it.

3. Notice and right of hearing as provided in the state administrative
procedure act shall be served at least fifteen days prior to the date of
the hearing, provided that, whenever because of danger to the public
health, safety or welfare it appears prejudicial to the interests of the
people of the state to delay action for fifteen days or with respect to
a violation of subdivision one or one-a of section one hundred
twenty-five of this chapter, the board may serve the respondent with an
order requiring certain action or the cessation of certain activities
immediately or within a specified period of less than fifteen days.

4. Service of notice of hearing or order shall be made by personal
service or by registered or certified mail. Where service, whether by
personal service or by registered or certified mail, is made upon an
incompetent, partnership, or corporation, it shall be made upon the
person or persons designated to receive personal service by article
three of the civil practice law and rules.

5. At a hearing, that to the greatest extent practicable shall be
reasonably near the respondent, the respondent may appear personally,
shall have the right of counsel, and may cross-examine witnesses against
him or her and produce evidence and witnesses on his or her behalf.

6. Following a hearing, the board may make appropriate determinations
and issue a final order in accordance therewith. The respondent shall
have thirty days to submit a written appeal to the board. If the
respondent does not submit a written appeal within thirty days of the
determination of the board the order shall be final.

7. The board may adopt, amend and repeal administrative rules and
regulations governing the procedures to be followed with respect to
hearings, investigations, and other administrative enforcement actions
taken pursuant to this chapter, including any such enforcement actions
taken against persons not registered, licensed, or permitted under this
chapter. Such rules shall be consistent with the policy and purpose of
this chapter and the effective and fair enforcement of its provisions.

8. The provisions of this section shall be applicable to all hearings
held pursuant to this chapter, except where other provisions of this
chapter applicable thereto are inconsistent therewith, in which event
such other provisions shall apply.