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What is NYC RCNY § 1-03?

Quick Answer

(a) A hearing conducted pursuant to this chapter may be conducted by the Commission or, in the discretion of the Commission, by an administrative law judge employed or designated by the Commission, by the Office of Administrative Trials and Hearings (OATH) or by other administrative tribunal of competent jurisdiction.

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Effective: 4/5/2018Last amended: 4/26/2023

§ 1-03 Hearings.

RCNY § 1-03

(a)A hearing conducted pursuant to this chapter may be conducted by the Commission or, in the discretion of the Commission, by an administrative law judge employed or designated by the Commission, by the Office of Administrative Trials and Hearings (OATH) or by other administrative tribunal of competent jurisdiction. All such hearings shall be conducted following the procedures set forth in the rules of OATH (such as 48 RCNY §§ 1-01 et seq. or §§ 6-01 et seq.). If a hearing is conducted by an administrative law judge employed or designated by the Commission, by OATH, or by other administrative tribunal, such administrative law judge shall make recommended findings of fact and a recommended decision to the Commission, which shall make the final determination.

(b)Any person who appears for a licensee or registrant at a hearing pursuant to this chapter must present evidence that he or she is authorized to act as the representative of such licensee or registrant for all purposes related to the conduct of the hearing and the disposition of the matter adjudicated in the hearing. (Amended City Record 3/6/2018, eff. 4/5/2018; amended City Record 3/27/2023, eff. 4/26/2023)

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