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

§ 168-32 SANITARY CODE
§ 168-33
C. Administer oaths and affirmations.
D. Sign and issue subpoenas in the name of the Commissioner of Health at the request of
any party requiring the attendance, testimony and/or production of books, papers,
documents or other evidence by any witness, such subpoenas to be governed by the Civil
Practice Law and Rules.
E. Provide for the taking of testimony by deposition.
F. Regulate the course of hearings, set the time and place for continued hearings and fix the
time for the filing of briefs and other documents.
G. Make findings of fact and determine allegations of violations.
H. Assess penalties and order the revocation or suspension of permits and other closure.
I. Order abatement of violations, and a schedule for such abatement.
J. Order the reinspection of any facility to determine compliance with the Public Health
Law, this code, the New York State Sanitary Code or any order for abatement.
§ 168-33. Hearings. [Added 10-15-1985 by L.L. No. 6-1985]
A. Hearings shall be open to the public, presided over by a Hearing Officer selected by the
Commissioner of Health and shall proceed with reasonable expedition and order and,
insofar as practicable, shall be held at a time and place that will minimize postponements
and adjournments.
B. The Hearing Officer shall not be bound by any formal rules of evidence but may hear,
examine and include in the record any pertinent evidence.
C. Each party to a proceeding has the right to be represented by counsel, to present
evidence, to examine and cross-examine witnesses (subject to the requirement contained
in Subsection D of this section) and shall have all rights essential to a fair and impartial
hearing.
D. Upon receipt of a written request from the respondent prior to the hearing date
designated in the finding of violation, the Commissioner of Health will ensure the
appearance of the departmental employee who signed the finding of violation. Such
employee shall testify and produce for examination and consideration any written
evidence deemed relevant to the allegations.
E. Failure to appear at the time and place designated for the hearing will constitute a waiver
of the respondent's right to a hearing and authorizes the Hearing Officer without further
notice to find the facts to be as alleged in the finding of violation and to render a
decision sustaining the allegations, and to take such other appropriate action as
authorized by §§ 168-32 and 168-36 of this article, notwithstanding the respondent's
timely submission of any answer.
168:25
05 - 15 - 2008