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

§ 168-34 BROOME COUNTY CHARTER AND CODE
§ 168-36
§ 168-34. Recordkeeping of hearings. [Added 10-15-1985 by L.L. No. 6-1985]
A. The record of a hearing will include:
(1) All notices, pleadings, motions and intermediate rulings.
(2) Evidence presented.
(3) Questions, offers of proof, objections and rulings.
(4) Proposed findings and exceptions, if any.
(5) Any decision or report rendered.
B. Hearings may be mechanically, electronically or otherwise recorded under the
supervision of the Hearing Officer, and the original recording or an official transcript
thereof shall be a part of the record.
C. Upon the written request of any party, the Department of Health will prepare the record,
together with any transcript of the proceedings, within a reasonable time and shall furnish
a copy to the persons so requesting such record. Except when any statute authorizes
otherwise, the Department of Health is authorized to charge the cost for preparation and
furnishing of such record or transcript or any part thereof and to require payment prior to
preparation.
§ 168-35. Disqualification of Hearing Officer. [Added 10-15-1985 by L.L. No. 6-1985]
Hearings shall be conducted in an impartial manner. Upon filing in good faith by a respondent
of a timely and sufficient affidavit of personal bias or disqualification of a Hearing Officer,
the Hearing Officer shall determine the matter as a part of the record in the case, and his
determination shall be a matter subject to judicial review at the conclusion of the hearing.
Whenever a Hearing Officer is disqualified or it becomes impractical for the Hearing Officer
to continue a hearing, another Hearing Officer will be assigned to continue with the case.
§ 168-36. Decisions, determinations and orders. [Added 10-15-1985 by L.L. No. 6-1985;
amended 10-15-1986 by L.L. No. 7-1986]
A. Promptly after the conclusion of the hearing, the Commissioner of Health shall render a
written decision sustaining or dismissing the finding of violation, in whole or in part,
based on the evidence adduced at the hearing. The decision, a copy of which will be
served without delay on the respondent personally or by certified mail, return receipt
requested, shall contain the findings of fact and, as applicable, orders issued and penalties
assessed. The decision shall also state the time within which the penalty must be paid or
the order must be carried out.
B. Final orders or determinations of the Commissioner of Health shall be subject to review
as provided in Article 78 of the Civil Practice Law and Rules.
168:26
05 - 15 - 2008