§ 10-06 Decisions and Orders.
RCNY § 10-06
(a)Hearing Officer's recommendation. After the conclusion of the hearing, the Hearing Officer prepares a recommendation in a written report and forwards it, with all other materials necessary for reaching a decision, to the Commissioner. The report includes a statement of (1) a recommended decision which shall consist of findings (with specific references to principal supporting items in the record) and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact and law presented on the record, and (2) an appropriate recommended ruling or order. Upon request made at or before the date of the hearing, the respondent shall be given a reasonable opportunity to review the Hearing Officer's report and submit in writing any objections thereto. Respondent's objections shall be forwarded to the Commissioner with the Hearing Officer's written report.
(b)Final order. The Commissioner shall approve, modify or reject (1) the recommended decision and/or (2) the recommended ruling or order. Parties are notified promptly by regular mail of the final decision and order not later than one business day subsequent to the posting described below. Orders of the Commissioner shall be posted at the building, erection or place where the public nuisance exists. The posted order shall state that the building, erection or place has been found to be a public nuisance by the Police Commissioner and that on the fifth business day after the posting, officers of the Police Department are authorized to discontinue such activity and/or close the building, erection or place. The posted order shall include a notice that it shall be a misdemeanor for any person to use or occupy or to permit any other person to use or occupy any building, erection or place or portion thereof ordered closed by the Commissioner. The posted order shall also contain a notice that mutilation or removal of a posted order of the Commissioner shall be punishable by a fine of not more than $250 or by imprisonment not exceeding 15 days, or both.
