N.Y. State Administrative Procedure Act § 301: Hearings

§ 301. Hearings. 1. In an adjudicatory proceeding, all parties shall

be afforded an opportunity for hearing within reasonable time.

2. All parties shall be given reasonable notice of such hearing, which

notice shall include (a) a statement of the time, place, and nature of

the hearing; (b) a statement of the legal authority and jurisdiction

under which the hearing is to be held; (c) a reference to the particular

sections of the statutes and rules involved, where possible; (d) a short

and plain statement of matters asserted; and (e) a statement that

interpreter services shall be made available to deaf persons, at no

charge, pursuant to this section. Upon application of any party, a more

definite and detailed statement shall be furnished whenever the agency

finds that the statement is not sufficiently definite or not

sufficiently detailed. The finding of the agency as to the sufficiency

of definiteness or detail of the statement or its failure or refusal to

furnish a more definite or detailed statement shall not be subject to

judicial review. Any statement furnished shall be deemed, in all

respects, to be a part of the notice of hearing.

3. Agencies shall adopt rules governing the procedures on adjudicatory

proceedings and appeals, in accordance with provisions of article two of

this chapter, and shall prepare a summary of such procedures in plain

language. Agencies shall make such summaries available to the public

upon request, and a copy of such summary shall be provided to any party

cited by the agency for violation of the laws, rules or orders enforced

by the agency.

4. All parties shall be afforded an opportunity to present written

argument on issues of law and an opportunity to present evidence and

such argument on issues of fact, provided however that nothing contained

herein shall be construed to prohibit an agency from allowing parties to

present oral argument within a reasonable time. In fixing the time and

place for hearings and oral argument, due regard shall be had for the

convenience of the parties.

5. Unless precluded by statute, disposition may be made of any

adjudicatory proceeding by stipulation, agreed settlement, consent

order, default, or other informal method.

6. Whenever any deaf person is a party to an adjudicatory proceeding

before an agency, or a witness therein, such agency in all instances

shall appoint a qualified interpreter who is certified by a recognized

national or New York state credentialing authority to interpret the

proceedings to, and the testimony of, such deaf person. The agency

conducting the adjudicatory proceeding shall determine a reasonable fee

for all such interpreting services which shall be a charge upon the

agency.