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New York Department of State
Introduction
The Office of Administrative Hearings conducts administrative hearings, in which the Office of General Counsel represents the department's Division of Licensing Services, to determine where discipline of licensees regulated by the department is warranted. This Guide to Statutes and Rules Relating to Hearings provides information to those who are respondents in a hearing and their attorneys. Included in the Guide are excerpts from the New York State Administrative Procedure Act and the Rules of the New York Department of State (19 NYCRR), and a summary of those rules.Additional information may be obtained by writing to:
New York Department of State
Office of General Counsel
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
• Summary of Hearing Rules of Procedure
• State Administrative Procedure Act Definitions (§ 102)
Hearings (§ 301)
Record (§ 302)
Presiding Officers (§ 303)
Powers of Presiding Officers (§ 304)
Disclosure (§ 305)
Evidence (§ 306)
Decisions, Determinations and Orders (§ 307)
• 19 NYCRR Part 400 Hearing Rules of Procedure
Summary of Hearing Rules of Procedure
The New York Department of State's Rules of Procedure for Adjudicatory Proceedings are set forth in Part 400 of 19 NYCRR. The following is a summary of such rules:
State Administrative Procedure Act
§ 102. Definitions3. "Adjudicatory proceeding" means any activity which is not a rule making proceeding or an employee disciplinary action before an agency, except an administrative tribunal created by statute to hear or determine allegations of traffic infractions which may also be heard in a court of appropriate jurisdiction, in which a determination of the legal rights, duties or privileges of named parties thereto is required by law to be made only on a record and after an opportunity for a hearing.
4. "License" includes the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law.
5. "Licensing" includes any agency activity respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, recall, cancellation or amendment of a license.
6. "Person" means any individual, partnership, corporation, association, or public or private organization of any character other than an agency engaged in the particular rule making, declaratory ruling, or adjudication.
7. "Party" means any person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party; but nothing herein shall be construed to prevent an agency from admitting any person or agency as a party for limited purposes.