Section 301. Hearings  


Latest version.
  • 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.