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This entry was published on 2014-09-22
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Formal hearings; notice and procedure
Public Health (PBH) CHAPTER 45, ARTICLE 1, TITLE 2
§ 12-a. Formal hearings; notice and procedure. 1. The commissioner,
or any person designated by him 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
commissioner and any persons designated by him for such purpose to issue
subpoenas at the request of and upon behalf of the respondent.

2. The commissioner and those designated by him shall not be bound by
the laws of evidence in the conduct of hearing proceedings, but the
determination shall be founded upon sufficient legal evidence to sustain

3. Notice of hearing shall be served at least fifteen days prior to
the date of the hearing, provided that, whenever because of danger to
the public health it appears prejudicial to the interests of the people
of the state to delay action for fifteen days, the commissioner 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 and the commissioner shall provide an
opportunity to be heard within fifteen days after the date the order is

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
infant, incompetent, partnership, corporation, governmental subdivision,
board or commission, 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. The attorney-general may prefer charges, attend hearings, present
the facts, and take any and all proceedings in connection therewith.

6. At a hearing, the respondent may appear personally, shall have the
right of counsel, and may cross-examine witnesses against him and
produce evidence and witnesses in his behalf.

7. Following a hearing, the commissioner may make appropriate
determinations and issue an order in accordance therewith.

8. The commissioner may adopt, amend and repeal administrative rules
and regulations governing the procedures to be followed with respect to
hearings, such rules to be consistent with the policy and purpose of
this chapter and the effective and fair enforcement of its provisions.

9. 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.