N.Y. Comp. Codes R. & Regs. Tit. 9 § 9750.3 - Decision without hearing
(a)
The appellant shall have the option to request that his/her appeal from a
contractor's determination after reconsideration be decided without a hearing.
Such request will be granted when it is determined that no unresolved material
issue of fact is involved in the case and that the only questions presented are
questions of law. A request for a decision without a hearing must be
accompanied by sufficient information to ascertain whether any unresolved
material issue of fact exists, and should contain a full and clear statement of
the issue and the appellant's position on the issue.
(b) Upon receipt of a request for a decision
without a hearing which presents, on its face, no factual dispute, a copy of
the request and any supporting documents will be sent to the contractor. Within
10 working days of its receipt of the documents submitted by the appellant, the
contractor shall forward, to the hearing officer, the appellant and the
appellant's representative, its response containing sufficient information to
ensure resolution of the dispute.
(c) The hearing officer shall make any
further inquiries of the appellant, the appellant's representative and the
contractor which are necessary to resolve the issues involved.
(d) If at any point after a request for a
decision without a hearing is received, it appears that there is a material and
unresolved issue of fact relating to the issue or issues upon which the hearing
has been requested, the hearing officer shall inform the parties that a full
hearing in accordance with the provisions of this Part must be scheduled to
resolve the dispute, and the appellant shall then have the option of proceeding
with such hearing or withdrawing the request for review.
Notes
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