§ 10-04 Proceedings Upon Default.
RCNY § 10-04
(a)Inquest. Upon the respondent's failure to appear at the hearing or any adjournment thereof, respondent may be deemed to have pleaded "no contest" and an order closing the building, erection or place may be issued. In such event, a closing order shall not be issued unless the Hearing Officer is satisfied that a Notice of Hearing was duly served and that the evidence offered in support of the closing constitutes a public nuisance as defined in § 10-155 of the Administrative Code of the City of New York. For the purpose of making this determination, the Hearing Officer shall convene the proceeding and receive all evidence in support of the closing as prescribed herein.
(b)Application to vacate default. An application for a hearing and stay of a default may be made within twenty (20) days of the posting of a closing order on the affected building, erection or place, or mailing of a copy of the Hearing Officer's decision, whichever is later. Such application is to be made to the License Division and shall be granted upon a showing of good cause.
