N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 581-3.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 581-3.2 - Commencement of proceedings to modify, suspend, or revoke an agency permit

(a) The executive director, on his own initiative or at the direction of the enforcement committee or the agency, may commence proceedings to modify, suspend or revoke an agency permit pursuant to this Subpart.

(b) To commence such proceedings, the executive director shall serve a notice of intent to modify, suspend or revoke an agency permit on the permit holder reciting the grounds for the agency's action, and identifying the material facts, documentary evidence, the provisions of law upon which the notice is based, and the requested agency actions. The notice may identify alternative actions to be considered and decided by the agency. The notice shall include:

(1) the date and place the agency will consider the matter;

(2) a statement that any written response to the notice of intent shall be signed by the permit holder or his attorney and served upon the executive director within 30 days of the date of the notice;

(3) a statement offering the permit holder an opportunity for a hearing in accordance with the hearing procedures set forth under Subpart 581-4 of this Part; and

(4) a statement that the permit holder may appear at the hearing either in person or by counsel, and be heard concerning any disputed matter of fact or law or with respect to the nature of any proposed resolution. The notice shall state that a permit holder may authorize a person other than an attorney to speak on his behalf so long as the permit holder appears in person at the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 581-3.2