Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 301
Hearings
State Administrative Procedure Act (SAP) CHAPTER 82, ARTICLE 3
§ 301. Hearings. 1. In an adjudicatory proceeding, all parties shall
be afforded an opportunity for hearing within reasonable time.

2. All parties shall be given reasonable notice of such hearing, which
notice shall include (a) a statement of the time, place, and nature of
the hearing; (b) a statement of the legal authority and jurisdiction
under which the hearing is to be held; (c) a reference to the particular
sections of the statutes and rules involved, where possible; (d) a short
and plain statement of matters asserted; and (e) a statement that
interpreter services shall be made available to deaf persons, at no
charge, pursuant to this section. Upon application of any party, a more
definite and detailed statement shall be furnished whenever the agency
finds that the statement is not sufficiently definite or not
sufficiently detailed. The finding of the agency as to the sufficiency
of definiteness or detail of the statement or its failure or refusal to
furnish a more definite or detailed statement shall not be subject to
judicial review. Any statement furnished shall be deemed, in all
respects, to be a part of the notice of hearing.

3. Agencies shall adopt rules governing the procedures on adjudicatory
proceedings and appeals, in accordance with provisions of article two of
this chapter, and shall prepare a summary of such procedures in plain
language. Agencies shall make such summaries available to the public
upon request, and a copy of such summary shall be provided to any party
cited by the agency for violation of the laws, rules or orders enforced
by the agency.

4. All parties shall be afforded an opportunity to present written
argument on issues of law and an opportunity to present evidence and
such argument on issues of fact, provided however that nothing contained
herein shall be construed to prohibit an agency from allowing parties to
present oral argument within a reasonable time. In fixing the time and
place for hearings and oral argument, due regard shall be had for the
convenience of the parties.

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

6. Whenever any deaf person is a party to an adjudicatory proceeding
before an agency, or a witness therein, such agency in all instances
shall appoint a qualified interpreter who is certified by a recognized
national or New York state credentialing authority to interpret the
proceedings to, and the testimony of, such deaf person. The agency
conducting the adjudicatory proceeding shall determine a reasonable fee
for all such interpreting services which shall be a charge upon the
agency.