§ 534-N — Hearings, determinations and review

New York § 534-N

• Jurisdiction: New York
• Law EXC: Executive
• Art. 19-I: Waterfront Commission Act

Text

§ 534-n. Hearings, determinations and review. 1. The commission shall\nnot deny any application for a license or registration without giving\nthe applicant or prospective licensee reasonable prior notice and an\nopportunity to be heard by the commission.\n 2. Any application for a license or for inclusion in the longshore\nworkers' register, and any license issued or registration made, may be\ndenied, revoked, or suspended only in the manner prescribed in this\nsection.\n 3. The commission may on its own initiative or on complaint of any\nperson, including any public official or agency, institute proceedings\nto revoke or suspend any license or registration after a hearing at\nwhich the licensee or registrant and any person making such complaint\nshall be given an opportunity to be heard, provided that any order of\nthe commission revoking or suspending any license or registration shall\nnot become effective until fifteen days subsequent to the serving of\nnotice thereof upon the licensee or registrant unless in the opinion of\nthe commission the continuance of the license or registration for such\nperiod would be inimical to the public peace or safety. Such hearings\nshall be held in such manner and upon such notice as may be prescribed\nby the rules of the commission, but such notice shall be of not less\nthan ten days and shall state the nature of the complaint.\n 4. Pending the determination of such hearing pursuant to subdivision\nthree of this section, the commission may temporarily suspend a permit,\nlicense or registration until further order of the commission if in the\nopinion of the commission the continuance of the permit, license or\nregistration for such period is inimical to the public peace or safety.\n (a) The commission may temporarily suspend a permit, license or\nregistration pursuant to the provisions of this subdivision until\nfurther order of the commission or final disposition of the underlying\ncase, where the permittee, licensee or registrant has been indicted for,\nor otherwise charged with, a crime which is equivalent to a felony in\nthe state of New York or any crime punishable by death or imprisonment\nfor a term exceeding three hundred sixty-four days or where the\npermittee or licensee is a security officer who is charged by the\ncommission pursuant to this section with misappropriating any other\nperson's property at or on a pier or other waterfront terminal.\n (b) In the case of a permittee, licensee or registrant who has been\nindicted for, or otherwise charged with, a crime, the temporary\nsuspension shall terminate immediately upon acquittal or upon dismissal\nof the criminal charge, unless in the opinion of the commission the\ncontinuance of any such permit, license or registration is inimical to\nthe public peace or safety.\n (c) A person whose permit, license or registration has been\ntemporarily suspended may, at any time, demand that the commission\nconduct a hearing as provided for in this section. Within sixty days of\nsuch demand, the commission shall commence the hearing and, within\nthirty days of receipt of the administrative judge's report and\nrecommendation, the commission shall render a final determination\nthereon; provided, however, that these time requirements, shall not\napply for any period of delay caused or requested by the permittee,\nlicensee or registrant. Upon failure of the commission to commence a\nhearing or render a determination within the time limits prescribed\nherein, the temporary suspension of the licensee or registrant shall\nimmediately terminate. Notwithstanding any other provision of this\nsubdivision, if a federal, state, or local law enforcement agency or\nprosecutor's office shall request the suspension or deferment of any\nhearing on the ground that such a hearing would obstruct or prejudice an\ninvestigation or prosecution, the commission may in its discretion,\npostpone or defer such hearing for a time certain or indefinitely. Any\naction by the commission to postpone a hearing shall be subject to\nimmediate judicial review as provided in subdivision seven of this\nsection.\n (d) The commission may in addition, within its discretion, bar any\npermittee, licensee or registrant whose license or registration has been\nsuspended pursuant to this section, from any employment by a licensed\nstevedore or a carrier of freight by water during the period of such\nsuspension, if the alleged crime that forms the basis of such suspension\ninvolves the possession with intent to distribute, sale, or distribution\nof a controlled dangerous substance (controlled substance), or\ncontrolled dangerous substance analog (controlled substance analog),\nracketeering or theft from a pier or waterfront terminal.\n 5. The commission, or such officer, employee or agent of the\ncommission as may be designated by the commission for such purpose,\nshall have the power to issue subpoenas to compel the attendance of\nwitnesses and the giving of testimony or production of other evidence\nand to administer oaths in connection with any such hearing. It shall be\nthe duty of the commission or of any officer, employee or agent of the\ncommission designated by the commission for such purpose to issue\nsubpoenas at the request of and upon behalf of the licensee, registrant\nor applicant. The commission or such person conducting the hearing shall\nnot be bound by common law or statutory rules of evidence or by\ntechnical or formal rules of procedure in the conduct of such hearing.\n 6. Upon the conclusion of the hearing, the commission shall take such\naction upon such findings and determination as it deems proper and shall\nexecute an order carrying such findings into effect. The action in the\ncase of an application for a license or registration shall be the\ngranting or denial thereof. The action in the case of a licensee shall\nbe revocation of the license or suspension thereof for a fixed period or\nreprimand or a dismissal of the charges. The action in the case of a\nregistered longshore worker shall be dismissal of the charges, reprimand\nor removal from the longshore workers' register for a fixed period or\npermanently.\n 7. The action of the commission in denying any application for a\nlicense or in refusing to include any person in the longshore workers'\nregister under this act or in suspending or revoking such license or\nremoving any person from the longshore workers' register or in\nreprimanding a licensee or registrant shall be subject to judicial\nreview by a proceeding instituted in this state at the instance of the\napplicant, licensee or registrant in the manner provided by state law\nfor review of the final decision or action of an agency of this state\nprovided, however, that notwithstanding any other provision of law the\ncourt shall have power to stay for not more than thirty days an order of\nthe commission suspending or revoking a license or removing a longshore\nworker from the longshore workers' register.\n 8. At hearings conducted by the commission pursuant to this section,\napplicants, prospective licensees, licensees and registrants shall have\nthe right to be accompanied and represented by counsel.\n 9. After the conclusion of a hearing but prior to the making of an\norder by the commission, a hearing may, upon petition and in the\ndiscretion of the hearing officer, be reopened for the presentation of\nadditional evidence. Such petition to reopen the hearing shall state in\ndetail the nature of the additional evidence, together with the reasons\nfor the failure to submit such evidence prior to the conclusion of the\nhearing. The commission may upon its own motion and upon reasonable\nnotice reopen a hearing for the presentation of additional evidence.\nUpon petition, after the making of an order of the commission, rehearing\nmay be granted in the discretion of the commission. Such a petition for\nrehearing shall state in detail the grounds upon which the petition is\nbased and shall separately set forth each error of law and fact alleged\nto have been made by the commission in its determination, together with\nthe facts and arguments in support thereof. Such petition shall be filed\nwith the commission not later than thirty days after service of such\norder, unless the commission for good cause shown shall otherwise\ndirect. The commission may upon its own motion grant a rehearing after\nthe making of an order.\n