N.Y. Agriculture & Markets Law § 36: Orders and service thereof

§ 36. Orders and service thereof. 1. If it be ascertained after an

investigation or hearing conducted as herein provided, that any person,

association or corporation has failed to comply with or is guilty of a

violation of the provisions of this chapter or of a rule of the

department, or of any other general or special law relative to any

matter within the jurisdiction of the department, an order may be made

by the commissioner, under the seal of the department, compelling a

compliance with such law or rule.

2. Every such order shall be served upon every person, association or

corporation affected thereby, either by personal delivery of a certified

copy thereof, or by mailing a certified copy thereof with postage

prepaid to the person affected thereby, or in case of a corporation or

association, to an officer or agent thereof, upon whom a summons may be

served in accordance with the provisions of the civil practice act.

3. It shall be the duty of the person, association or corporation upon

whom such order is so served to notify the department forthwith, in

writing, of the receipt of such order, and in the case of an association

or corporation such notification must be signed and acknowledged by a

person or officer duly authorized by such association or corporation to

admit service. Within a time specified in the order, every person,

association or corporation upon whom it is served must, if so required

in the order, notify the department in like manner whether the terms of

the order are accepted and will be obeyed.

4. Every such order shall take effect at a time therein specified, and

shall continue in force either for a period to be designated therein or

until changed or abrogated by the commissioner.

5. If such hearing is held before a deputy commissioner, a report

shall be made upon the termination of the hearing to the commissioner,

with recommendation as to the determination which should be made as to

the issues raised on such hearing. If the commissioner find upon such

report or upon a hearing conducted by him, that the rule or order

complained of is reasonable and valid he shall render his decision

ratifying or confirming such rule or order; if he find that such rule or

order is unreasonable or invalid, he shall revoke or modify it, or

substitute a new rule or order in its place. If such modified or new

rule or order is substantially different from the rule or order

complained of, the parties affected thereby may bring before the

commissioner, by a new petition, in the manner above provided,

objections to its reasonableness or validity.

6. The decision of the commissioner shall be final, unless within

thirty days after its issuance one of the parties shall institute a

proceeding for the review thereof, as provided in section thirty-seven.