What Happens After The Hearing?


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The Decision

The decision will contain the judge’s analysis, taking all evidence into consideration, leading to his or her final opinion.

A decision should be completed within 150 days of the date of hearing in disciplinary cases, and 150 days from the date your request for a hearing has been received in application cases.  An adjournment granted at your request or by mutual consent of the parties will extend the period of 150 days.  The Secretary of State or an Administrative Law Judge may request an extension of the 150 day period by no more than 120 days. If such an extension is granted, you will be notified by mail.

The Administrative Appeal

You may challenge the judge’s decision by filing a request for an appeal within thirty (30) days of receiving a decision.  In order to appeal a decision, please submit a written request to the address for appealing a decision.

Secretary of State
Office of Administrative Hearings
Department of State
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231

 

You must serve the Secretary of State, and the other party or parties with a written statement, explaining why you think the judge’s decision is incorrect or unfair.  In this statement, you must also identify the part of the decision that you are appealing and the portions of the record that correspond with the portion of the decision you are challenging.  You will receive an acknowledgement letter in the mail confirming receipt of your request for appeal.

For more instruction regarding how to make an appeal, please refer to the Guide to Statutes and Rules Relating to Hearings and Appeals.

Article 78 Proceeding

Pursuant to Article 78 of the Civil Practice Law and Rules, an aggrieved party may challenge the final determination of the Secretary of State to deny your application for licensure or disciplinary finding and penalty by bringing a proceeding in the State Supreme Court.  For additional guidance it is recommended that you consult with an attorney.


What Happens After The Hearing? : Frequently Asked Questions