23 CRR-NY 2.15NY-CRR
23 CRR-NY 2.15
23 CRR-NY 2.15
2.15 Application to reopen.
(a) Upon written application made by a party, the hearing officer may reopen a hearing and may recommend to the superintendent or the superintendent’s designee such further action as justice may require. Such application shall be determined in accordance with the following:
(1) Where the party failed to appear at the hearing, the party, in making the application to reopen, must establish that there were valid reasons for having failed to appear and that there is a meritorious case on behalf of such party.
(2) Where the party making such an application appeared at the hearing, the party must establish that there is newly discovered evidence, that despite due diligence by the party was not available at the time of the hearing, or other compelling reason for reopening.
(b) All such applications to reopen an adjudicatory proceeding shall be made within 120 days from the effective date of the superintendent’s or the superintendent’s designee determination in the proceeding.
(c) The right of a party to seek judicial review pursuant to Financial Services Law section 308 and Civil Practice Law and Rules article 78 shall not be restricted, delayed or extended by the provisions of this section.
23 CRR-NY 2.15
Current through June 30, 2022
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.