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Mandated by law to protect the health, safety, and welfare of the public and to safeguard the due process rights of licensees and applicants for licensure by the New York Department of State, the Office of Administrative Hearings conducts quasi-judicial administrative hearings for the New York Department of State. All adjudications are governed by the following New York State laws and regulations:
A. Arts and Cultural Affairs Law, Article 25; Executive Law, Articles 6, 6-E, 6-F, 21-B; General Business Law, Articles 6-D, 7, 7-A, 8-B, 25-A, 26, 27, 27-A, 28, 28-E , 35-C, 37-A, 39-E and 39-G; Real Property Law, Articles 9A, 12-A, 12-B and 12-C
B. The State Administrative Procedure Act
C. Part 400 of Title 19 of the New York Codes, Rules and Regulations
D. Executive Order No. 3 (9 New York Codes, Rules and Regulations, §5.3) and Executive Order No. 131 (9 New York Codes, Rules and Regulations, §4.131)
E. The Administrative Adjudication Plan submitted by the New York Department of State is in compliance with Executive Orders Nos. 3 and 131
Prior to March 31, 1996, the Administrative Law Judge Unit was part of the Office of Counsel, and decisions of the unit were recommended for the approval of the General Counsel of the New York Department of State.
As of July 24, 1996, 19 New York Codes, Rules and Regulations, Part 400: (1) created the Office of Administrative Hearings as an independent unit; and (2) allocated offices that are separate from the offices of other New York Department of State divisions that appear as parties in adjudicatory matters before the OAH; and (3) established the procedure that empowers administrative law judges to issue final determinations.
In its first year of existence, the Office of Administrative Hearings conducted 283 hearings. It now averages more than 1,100 proceedings annually.
Copies of settlement agreements entered into prior to January 1, 2011 may be obtained by contacting the Department’s Record Access Officer.