T A B L E O F C O N T E N T S P RT I A ... - Broome County

§ 102-9 CONSUMER PROTECTION § 102-9
the Consumer Affairs Office in person or by mail. Copies of all relevant documents,
including advertisements, should be attached to the complaint.
B. Docketing and numbering complaints. Each complaint shall be docketed and given a
number. Further correspondence under this code shall bear the complaint number.
C. Determination of jurisdiction. Within a reasonable time after filing, each complaint will
be reviewed to determine whether the complaint comes within the jurisdiction of the
Consumer Services Specialist under the provisions of this code.
D. Notice of complaint. If the Consumer Services Specialist determines that he has
jurisdiction, he shall inform the respondent by certified mail, with return receipt
requested:
(1) Of the substance of the complaint filed against him or her.
(2) When and by whom it was filed.
(3) That the respondent has the right to respond to the complaint.
(4) That any response must be sent by mail within five days following the receipt of
the Consumer Services Specialist's letter.
(5) That unless a response is made demonstrating clearly that the Consumer Services
Specialist lacks jurisdiction or there is no substantial claim, a hearing may be set
on the matter. Nothing in this subsection shall act to preclude the Consumer
Services Specialist from contacting the respondent by telephone or other means for
attempted resolution of the complaint.
E. Calling and notice of hearing. The Consumer Services Specialist may call a hearing
respecting any complaint and fix the date and place of the hearing. At least five days
prior to the time of the hearing date, the Consumer Services Specialist shall send by
certified mail to each party a notice stating:
(1) The time and place of the hearing.
(2) A copy of the statute or rule involved.
(3) Unless the substance of the complaint was adequately stated in the original notice
of complaint, the substance of the complaint.
F. Conduct of hearing.
(1) A hearing is an information proceeding. The parties shall appear before a duly
assigned Hearing Officer who shall be an impartial third party appointed by the
County Executive. Opportunities shall be afforded to the complainant and
respondent to present evidence and arguments on all issues involved and to
cross-examine all witnesses who have testified. The Hearing Officer may question
any party or witness. When the Hearing Officer deems it appropriate, the
Consumer Services Specialist shall be authorized to secure from the court, where
required under § 2302 of the Civil Practice Law and Rules, such subpoenas as are
necessary to compel the attendance of witnesses and the production of tangible
102:9 02 - 01 - 2010