9 CRR-NY 54.1NY-CRR
9 CRR-NY 54.1
9 CRR-NY 54.1
54.1 Commencement of proceedings.
(a) Disciplinary proceedings shall be commenced by serving a notice of pleading on the licensee. Such notice shall be deemed to have been duly served if delivered in person or if sent by registered or certified mail to the licensee addressed to the licensed premises and a copy thereof sent by first class mail to the residence of record of the licensee or of any officer or director of a corporate licensee, or any general partner of a partnership licensee.
(b) Notices of pleading shall:
(1) indicate whether the proceedings may result in revocation or cancellation of the license (“revocation proceedings”), or in a penalty other than revocation or cancellation of the license (“suspension proceedings”);
(2) set forth numbered charges against the licensee, each relating, insofar as possible, to separate violations or causes for revocation or suspension;
(3) require the licensee to plead to the charges on or before a specified date;
(4) advise the licensee of his right to be represented by counsel; and
(5) advise the licensee that upon his failure to appear or enter a plea, he shall be deemed to have pleaded “no contest” to the charges and no further hearing shall be held.
(c) Notices of pleading in suspension proceedings shall, in addition to the matters set forth in subdivision (b) of this Part:
(1) set forth the maximum penalty, including a fine and/or any claim against the licensee's penal bond, which the authority may assess if the charges are sustained; and
(2) advise the licensee that he may request that a bond forfeiture or fine be imposed in lieu of any suspension of his license, the granting of which request shall be within the discretion of the authority.
(d) In the case of revocation proceedings, a copy of the notice of pleading shall be sent by first class mail to the owner of the building in which the licensed premises are situated, as reflected in the files of the authority, at the last address in the files of the authority of such owner. Where the application for the license for the current period has indicated that the licensee occupies such premises under a written lease from a person other than such owner, a further copy shall be sent by first class mail to such lessor at his address as set forth in the files of the authority.
9 CRR-NY 54.1
Current through September 15, 2021
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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.