§ 71-1709 — Formal hearings; notice and procedure

§ 71-1709. Formal hearings; notice and procedure.\n 1. The commissioner, or any person designated by him for this purpose,\nmay issue subpoenas and administer oaths in connection with any hearing\nor investigation under or pursuant to the provisions of this chapter\nlisted in sections 71-1701 and 71-2503, and of titles 17 through 21\ninclusive and title 43 of this article, and it shall be the duty of the\ncommissioner and any persons designated by him for such purpose to issue\nsubpoenas at the request of and upon behalf of the respondent.\n 2. The commissioner and those designated by him shall not be bound by\nthe laws of evidence in the conduct of hearing proceedings, but the\ndetermination shall be founded upon sufficient legal evidence to sustain\nit.\n 3. Notice of hearing shall be served at least fifteen days prior to\nthe date of the hearing, provided that, whenever because of danger to\nthe public health it appears prejudicial to the interests of the people\nof the state to delay action for fifteen days, the commissioner may\nserve the respondent with an order requiring certain action or the\ncessation of certain activities immediately or within a specified period\nof less than fifteen days and the commissioner shall provide an\nopportunity to be heard within fifteen days after the date the order is\nserved.\n 4. Service of notice of hearing or order shall be made by personal\nservice or by registered or certified mail. Where service, whether by\npersonal service or by registered or certified mail, is made upon an\ninfant, incompetent, partnership, corporation, governmental subdivision,\nboard or commission, it shall be made upon the person or persons\ndesignated to receive personal service by article 3 of the Civil\nPractice Law and Rules.\n 5. The Attorney General may prefer charges, attend hearings, present\nthe facts, and take any and all proceedings in connection therewith.\n 6. At a hearing, the respondent may appear personally, shall have the\nright of counsel, and may cross-examine witnesses against him and\nproduce evidence and witnesses in his behalf.\n 7. Following a hearing, the commissioner may make appropriate\ndeterminations and issue an order in accordance therewith.\n 8. The commissioner may adopt, amend and repeal administrative rules\nand regulations governing the procedures to be followed with respect to\nhearings, such rules to be consistent with the policy and purpose of the\nprovisions of this chapter listed in section 71-1701, and of titles 17\nthrough 21 inclusive and title 43 of this article and the effective and\nfair enforcement of their provisions.\n 9. The provisions of this section shall be applicable to all hearings\nheld pursuant to the provisions of this chapter listed in section\n71-1701, and of titles 17 through 21 inclusive and title 43 of this\narticle, except where other provisions of such articles, titles,\nsections and subdivisions applicable thereto are inconsistent therewith,\nin which event such other provisions shall apply.\n