§ 3393 — Formal hearings procedure

New York § 3393

• Jurisdiction: New York
• Law PBH: Public Health
• Title 7: Offenses, Violations and Enforcement
• Art. 33: Controlled Substances

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§ 3393. Formal hearings procedure. 1. The commissioner or any person\ndesignated by him for this purpose, shall have the power to administer\noaths, compel the attendance of witnesses and the production of books,\nrecords and documents and to take proof and testimony concerning all\nmatters within the jurisdiction of the department.\n 2. Notice of hearing shall be served at least fifteen days prior to\nthe date of the hearing, provided, however, whenever the commissioner\nhas made a preliminary order suspending a license or directing the\ncessation of any activity pending the hearing, the commissioner shall\nprovide the person affected thereby with an opportunity to be heard\nwithin five days.\n 3. At a hearing any person who is a party thereto may appear\npersonally, shall have the right of counsel, and may cross-examine\nwitnesses and produce evidence and witnesses in his own behalf.\n 4. Following a hearing, the commissioner shall make appropriate\nfindings of fact and determinations and shall issue an order in\naccordance therewith.\n 5. The person conducting the hearing shall not be bound by the rules\nof evidence but any determination must be founded upon sufficient legal\nevidence to sustain it.\n 6. The commissioner may adopt such rules and regulations governing the\nprocedures to be followed with respect to the hearings as may be\nconsistent with the fair and effective administration of this article.\n 7. Any notice, application, order or other paper required to be served\nupon any party to a proceeding hereunder may be served in person, by\nregistered mail or by certified mail upon either the party or an\nattorney who has appeared on his behalf.\n