N.Y. Comp. Codes R. & Regs. Tit. 10 § 76.5 - Finding of violation
(a) The
regulatory proceeding will begin with service of a signed finding of violation
issued by a department inspector. Service of the finding of violation will be
made to conform to the requirements of section
12-a of the Public Health Law for service
of a notice of hearing. An inspection report of the departmental inspector may
be used in whole or part as the department's description of alleged
violations.
(b) The finding of
violation shall contain:
(1) a short and
plain statement of facts found which are alleged to constitute a violation,
including the dates when such facts were observed;
(2) specific reference to the provisions of
the Public Health Law, State Sanitary Code or pertinent provisions of the
administrative rules and regulations alleged to have been violated;
(3) information adequate for a respondent to
calculate the maximum penalty assessable if the facts are found to be as
alleged;
(4) notification that a
hearing will be held at a place designated by the department not less than 15
days after service of the finding of violation, and further notice that failure
to appear at the time and place designated for the hearing will constitute a
default in appearance by the respondent and that a decision and order will be
rendered and issued on the record established by the hearing;
(5) information adequate to apprise the
respondent of the provisions relating to answers set forth in section
76.6
of this Part;
(6) a statement that
the respondent will be given a reasonable opportunity to be heard by written or
oral argument on issues of law and fact;
(7) a description of how the proceedings may
be resolved by stipulation agreement between the department and the respondent
and payment of a specific monetary fine in lieu of a hearing.
(c) The tribunal or tribunal
representatives may allow amendments by the respondent and the department.
These amendments must be reasonably within the scope of the original finding of
violation or recognize occurrences subsequent to the date of the original
finding of violation and be relevant to the alleged violations.
Notes
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