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What is NYC RCNY § 4-06?

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(a) The hearing decision shall be made and issued by the Comptroller and shall be based exclusively on the record and transcript of the hearing. In reaching a decision, the Comptroller may review the memoranda of law of the parties, if any.

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§ 4-06 Decision After Hearing.

RCNY § 4-06

(a)The hearing decision shall be made and issued by the Comptroller and shall be based exclusively on the record and transcript of the hearing. In reaching a decision, the Comptroller may review the memoranda of law of the parties, if any. The Comptroller shall not be bound by the judge's recommendation but may adopt, reject or modify such recommendation, in whole or in part, as may be appropriate. The decision shall be in writing and shall state reasons for the determinations and, when appropriate, direct specific action.

(b)A copy of such decision shall be mailed by the Comptroller to the hospital and the hospital's attorney or representative, if any, and to NYSDSS.

(c)In the event that a decision is adverse to the hospital, in whole or in part, the hospital has the right to judicial review in accordance with the provisions of Article 78 of the Civil Practice Law and Rules. (Renumbered City Record 6/29/2018, eff. 7/29/2018)

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