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What is NYC AC § 24-264?

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This section outlines the circumstances under which a respondent is considered in default, including failure to serve a written response, appear at a scheduled hearing, or comply with board orders. It also details the process for vacating a default order and requesting a hearing from the board. Applies to respondents involved in violation proceedings.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 24-264 Default; vacating a default order.

AC § 24-264

(a)A respondent shall be in default when the respondent has: (1) Failed to serve a written response pursuant to section 24-260 of this code; or (2) Failed to appear at the designated time and place as required by the notice of violation or subsequent notice pursuant to section 24-259 or 24-261 of this code; or (3) Neglected to proceed in a manner ordered by the board.

(b)Within sixty days of a decision and order of the board issued pursuant to paragraph two of subdivision (c) of section 24-266 of this subchapter, the respondent may request the board to grant a stay of such order of the board and schedule a hearing. If the respondent has shown good cause and a meritorious defense, the board may grant such a request and hold a hearing pursuant to section 24-263 of this code. At the conclusion of the hearing, the board may adopt, amend or rescind its decision and order.

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