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

§ 168-30 BROOME COUNTY CHARTER AND CODE
§ 168-32
(6) A statement that the respondent will be given a reasonable opportunity to be heard
by written or oral argument at the scheduled hearing on issues of law and fact.
C. The Hearing Officer duly designated as provided in § 168-32 herein may allow
amendments to the finding of violation, but such amendments must be reasonably within
the scope of the original finding of violation or must relate to subsequent violations of
the same nature as those set forth in the original finding of violation.
§ 168-31. Answer to finding of violation. [Added 10-15-1985 by L.L. No. 6-1985]
A. A respondent shall have 10 days after receipt of service of the finding of violation within
which to submit an answer to the Commissioner of Health. An answer shall be deemed
submitted upon receipt. The answer shall be in such form and in accordance with such
instructions furnished to the respondent with the finding of violation.
B. If the respondent elects to contest any of the allegations in the finding of violation, the
respondent may include with the answer a statement of defense, mitigation, denial or
explanation for each contested alleged violation. When the respondent elects a hearing on
the allegations, the respondent must indicate in the answer whether any witnesses will be
called.
C. If the respondent elects not to contest all or part of the allegations in the finding of
violation, the answer shall contain a statement to the effect that the uncontested
allegations are true. Such an answer shall constitute a waiver of a hearing on the
existence of the facts alleged in the finding of violation and, unless the respondent
indicates that an explanation will be offered, be deemed a waiver of any hearing as to the
amount of any penalty.
D. Failure of the respondent to submit an answer within 10 days after service of a finding of
violation shall constitute a waiver of the right to a hearing and authorizes the Hearing
Officer duly designated as provided in § 168-32 herein, without further notice, to render
a decision sustaining the allegations and to take such other appropriate action as
authorized by § 168-32 herein.
E. Allegations in a finding of violation not answered within the prescribed ten-day period
will be deemed admitted.
§ 168-32. Hearing Officers. [Added 10-15-1985 by L.L. No. 6-1985]
The Commissioner of Health shall designate an administrative Hearing Officer to preside over
hearings instituted pursuant to the provisions of this article. Such Officer shall be appointed
upon the issuance of a finding of violation and shall serve at the pleasure of the
Commissioner. Such Officer shall hear allegations of violations of the Public Health Law, the
code or the New York State Sanitary Code and, in connection therewith, shall have the power
to:
A. Accept pleas.
B. Examine witnesses and receive evidence.
168:24
05 - 15 - 2008