N.Y. Public Health Law § 3393: Formal hearings procedure

§ 3393. Formal hearings procedure. 1. The commissioner or any person

designated by him for this purpose, shall have the power to administer

oaths, compel the attendance of witnesses and the production of books,

records and documents and to take proof and testimony concerning all

matters within the jurisdiction of the department.

2. Notice of hearing shall be served at least fifteen days prior to

the date of the hearing, provided, however, whenever the commissioner

has made a preliminary order suspending a license or directing the

cessation of any activity pending the hearing, the commissioner shall

provide the person affected thereby with an opportunity to be heard

within five days.

3. At a hearing any person who is a party thereto may appear

personally, shall have the right of counsel, and may cross-examine

witnesses and produce evidence and witnesses in his own behalf.

4. Following a hearing, the commissioner shall make appropriate

findings of fact and determinations and shall issue an order in

accordance therewith.

5. The person conducting the hearing shall not be bound by the rules

of evidence but any determination must be founded upon sufficient legal

evidence to sustain it.

6. The commissioner may adopt such rules and regulations governing the

procedures to be followed with respect to the hearings as may be

consistent with the fair and effective administration of this article.

7. Any notice, application, order or other paper required to be served

upon any party to a proceeding hereunder may be served in person, by

registered mail or by certified mail upon either the party or an

attorney who has appeared on his behalf.