§ 301 — Hearings

New York § 301

• Jurisdiction: New York
• Law SAP: State Administrative Procedure Act
• Art. 3: Adjudicatory Proceedings

Text

§ 301. Hearings. 1. In an adjudicatory proceeding, all parties shall\nbe afforded an opportunity for hearing within reasonable time.\n 2. All parties shall be given reasonable notice of such hearing, which\nnotice shall include (a) a statement of the time, place, and nature of\nthe hearing; (b) a statement of the legal authority and jurisdiction\nunder which the hearing is to be held; (c) a reference to the particular\nsections of the statutes and rules involved, where possible; (d) a short\nand plain statement of matters asserted; and (e) a statement that\ninterpreter services shall be made available to deaf persons, at no\ncharge, pursuant to this section. Upon application of any party, a more\ndefinite and detailed statement shall be furnished whenever the agency\nfinds that the statement is not sufficiently definite or not\nsufficiently detailed. The finding of the agency as to the sufficiency\nof definiteness or detail of the statement or its failure or refusal to\nfurnish a more definite or detailed statement shall not be subject to\njudicial review. Any statement furnished shall be deemed, in all\nrespects, to be a part of the notice of hearing.\n 3. Agencies shall adopt rules governing the procedures on adjudicatory\nproceedings and appeals, in accordance with provisions of article two of\nthis chapter, and shall prepare a summary of such procedures in plain\nlanguage. Agencies shall make such summaries available to the public\nupon request, and a copy of such summary shall be provided to any party\ncited by the agency for violation of the laws, rules or orders enforced\nby the agency.\n 4. All parties shall be afforded an opportunity to present written\nargument on issues of law and an opportunity to present evidence and\nsuch argument on issues of fact, provided however that nothing contained\nherein shall be construed to prohibit an agency from allowing parties to\npresent oral argument within a reasonable time. In fixing the time and\nplace for hearings and oral argument, due regard shall be had for the\nconvenience of the parties.\n 5. Unless precluded by statute, disposition may be made of any\nadjudicatory proceeding by stipulation, agreed settlement, consent\norder, default, or other informal method.\n 6. Whenever any deaf person is a party to an adjudicatory proceeding\nbefore an agency, or a witness therein, such agency in all instances\nshall appoint a qualified interpreter who is certified by a recognized\nnational or New York state credentialing authority to interpret the\nproceedings to, and the testimony of, such deaf person. The agency\nconducting the adjudicatory proceeding shall determine a reasonable fee\nfor all such interpreting services which shall be a charge upon the\nagency.\n