reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.10 - Supplemental relocation payments, loss of favorable mortgage financing, incidental expenses

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to other payments and benefits authorized by
						State law, individuals and families displaced from dwellings on real property
						acquired by the office, who were in occupancy on or after July 1, 1971, are
						entitled to supplemental relocation payments, payment for loss of favorable
						mortgage financing and incidental expenses in accordance with the following
						criteria and eligibility standards.
(a) General requirements to receive
					 replacement housing payments.
(1) In addition
					 to the occupancy requirements as specifically enumerated herein, a displaced
					 person is otherwise eligible for the appropriate payments when he relocates and
					 occupies a decent, safe and sanitary dwelling within one year, beginning on the
					 later of the following dates: the date on which he receives final payment from
					 the State for legal damages directly connected with the acquisition of his
					 dwelling unit; or the date required to move from the dwelling acquired; or the
					 date on which he actually moves from the dwelling acquired, if in fact this
					 latter date is earlier than the date required to move. The date required to
					 move is here defined and elsewhere in this section as that date specified in
					 writing by the State, by which the property must be vacated.
(2) Application for payments under this
					 section shall be in writing on forms prescribed by the commissioner. The
					 application must be filed no later than six months after the expiration of the
					 one-year period specified immediately above, except that in cases litigated in
					 the Court of Claims, the six-month period shall start from the date of final
					 judgment of that court.
(3) If two
					 or more eligible families occupy the same single family dwelling unit, each
					 family is eligible for a replacement housing payment if they relocate to
					 separate dwelling units.
(4) If two
					 or more eligible individuals with no identifiable head of household occupy the
					 same single family dwelling unit, they are considered as one family for
					 replacement housing payment purposes. When all individuals do not relocate to
					 decent, safe and sanitary housing, the office shall determine and pay those
					 individuals who do relocate into decent, safe and sanitary housing a pro rata
					 share of the amount that would have been received if all of the individuals had
					 relocated together.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.11 - Appeals procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 applicant for a moving expense and/or replacement housing payment shall be
					 notified promptly in writing concerning his eligibility for the payment
					 claimed; the amount, if any, he is entitled to receive, and the time and manner
					 in which such payment will be made. If any or all of the amounts claimed are
					 disallowed or require additional documentation, the eligible person will be so
					 notified in writing to this effect.
(b) If the claimant is not satisfied with the
					 payment offered, he may, within 18 months of vacating or six months after final
					 award determination by the courts of the State, request an informal conference
					 to present his case. When requested, such a conference is scheduled in the
					 regional office conducted by the regional manager of the park region. The
					 claimant may bring whomever he wishes to represent him or present some facet of
					 his claim. The decision of the regional manager will be made in writing
					 directed to the claimant or his representative and may be appealed to the
					 deputy commissioner for planning and operations.
(c) The deputy commissioner for planning and
					 operations shall then make an independent determination according to the data
					 submitted to him by the claimant and the regional manager. This determination
					 will be made in writing to the claimant.
(d) In the event the claimant is not
					 satisfied with the results achieved at this stage, he may then request a formal
					 hearing. This request will be directed to the Commissioner of Parks, Recreation
					 and Historic Preservation. The formal hearing will be conducted by a hearing
					 officer designated by the commissioner at a time and place to be determined by
					 the hearing officer. Minutes of the proceedings will be taken.
(e) Based upon all the evidence produced at
					 the hearing, the hearing officer will make his recommendation to the
					 Commissioner of Parks, Recreation and Historic Preservation, who will then make
					 a final determination regarding the claim presented.
(f) In the instance of an appeal, no payment
					 of such calculated moving expenses or supplemental housing and related benefits
					 is to be made until a decision has been rendered by the Commissioner of Parks,
					 Recreation and Historic Preservation. In the instance where an owner files a
					 claim in the Court of Claims for adjudication of the fair market value of the
					 property acquired, and similarly files for an appeal hearing disputing the
					 amount of the supplemental payment preferred, no appeal hearing will be held
					 until final award determination by the courts of the State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.12 - Hardship cases

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provisions contained in this
						Part, the commissioner is authorized in hardship cases to make advance payments
						in anticipation of the eligible person actually completing his moving of
						personal property or actually purchasing or renting and occupying decent, safe
						and sanitary replacement housing. The commissioner may authorize the advance
						payment of the amount determined to represent reasonable and necessary moving
						expenses or the amount of the approved supplemental relocation payment deemed
						necessary to purchase or rent decent, safe and sanitary replacement housing. In
						the case of a supplemental relocation payment, payment can only be made if
						there is a signed contract for the purchase of a replacement property, or in
						the case of a replacement rental unit, if there is a signed lease or some other
						firm commitment. In both instances, the proposed replacement housing must be
						inspected prior to payment for a determination of compliance with decent, safe
						and sanitary standards.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.13 to 463.15 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter C - Summer Empire State Games › Part 464 - Summer Empire State Games › Section 464.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Summer Empire State Games (ESG or games) promote the
						public health and welfare of New York residents by encouraging wholesome
						amateur athletic competition particularly for youths; providing opportunities
						and incentives to improve amateur athletics; publicly recognizing dedicated
						amateur athletes; showcasing the different regions of the State; providing
						economic benefits to the host community; and, fostering and encouraging
						volunteerism. The purpose of this regulation is to clarify the procedures and
						participation requirements for applicants, coaches, officials and
						volunteers.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter C - Summer Empire State Games › Part 464 - Summer Empire State Games › Section 464.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agency means
					 the Office of Parks, Recreation and Historic Preservation.
(b) Applicant means the person who applies to
					 compete in or competes in the Summer Empire State Games.
(c) Finals means the championship event where
					 qualified participants from all six regions compete in the designated host
					 city.
(d) Region means one of the
					 six geographic areas of New York State divided by counties as follows:
(1) Adirondack - Albany, Clinton, Columbia,
					 Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Saratoga, Schoharie,
					 Schenectady, St. Lawrence, Rensselaer, Warren and Washington.
(2) Central - Broome, Cayuga, Chemung,
					 Chenango, Cortland, Delaware, Herkimer, Jefferson, Lewis, Madison, Oneida,
					 Onondaga, Oswego, Otsego, Schuyler, Tioga and Tompkins.
(3) Hudson Valley - Dutchess, Orange, Putnam,
					 Rockland, Sullivan, Ulster and Westchester.
(4) Long Island - Nassau and
					 Suffolk.
(5) New York City - Bronx,
					 Kings (Brooklyn), New York (Manhattan), Queens and Richmond (Staten
					 Island).
(6) Western - Allegany,
					 Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Ontario,
					 Orleans, Seneca, Steuben, Wayne, Wyoming and Yates.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter C - Summer Empire State Games › Part 464 - Summer Empire State Games › Section 464.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
The ESG and competition in the games is a privilege, not
						a right. The agency is the sole entity responsible for the ESG and for
						implementing the ESG. Accordingly, the agency retains the discretion to: charge
						a fee to applicants for tryouts, participation or other activities associated
						with ESG, cancel divisions, cancel individual classes within an event, cancel
						any event in whole or in part or cancel the ESG for any legitimate reason to be
						determined by the agency.
(a) General
					 eligibility. An applicant is ineligible to participate in the sport that he or
					 she formerly participated in or is presently participating in as a
					 professional. To be eligible to compete in the summer ESG, an applicant must
					 not violate the code of conduct and must:
(1)
					 tryout and compete only in the regional trials for the region where the
					 applicant resides as of April 30th in the year the summer games are held.
					 Exceptions:
(i) all sports. A student who
					 attends boarding school or college in one region and participates in an initial
					 regional trial held while the boarding school or college is still in regular
					 session may compete in the regional trials and in the finals for that school's
					 region or college's region even if the student is a resident of another region
					 of the State;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter C - Summer Empire State Games › Part 464 - Summer Empire State Games › Section 464.4 - Scholastic or open division eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There are three divisions for the summer
					 games: scholastic, open and masters that, in general, are open to different age
					 groups.
(1) Scholastic division.
(i) Maximum age. An applicant must be age 17
					 or younger as of August 31st in the year the summer games are held.
(ii) Minimum age. In the following contact
					 sports an applicant also must be age 13 as of April 30th in the year the summer
					 games are held: baseball, basketball, field hockey, ice hockey, judo, lacrosse,
					 soccer, softball, volleyball and wrestling.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter C - Summer Empire State Games › Part 464 - Summer Empire State Games › Section 464.5 - Masters division

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 following minimum age eligibility requirements apply to the following sports in
					 the masters division:
(1) archery (age 50 as
					 of the first day of the summer ESG);
(2) bowling (age 50 as of the first regional
					 trial);
(3) canoeing (marathon)
					 (age 18 as of the first day of the summer ESG);
(4) cycling (age 35 as of January 1st in the
					 year the summer ESG are held);
(5)
					 diving; synchronized diving (age 21 as of the first day of the summer
					 ESG);
(6) fencing (age 50 as of the
					 first day of the summer ESG);
(7)
					 golf (age 35 as of the first day of the summer ESG);
(8) gymnastics (age 22 as of the first day of
					 the summer ESG);
(9) rugby (age 18
					 as of the first day of the summer ESG);
(10) swimming (age 18 as of December 31st of
					 the games year);
(11) track and
					 field; racewalk; 10K road race (age 30 as of the first day of the summer
					 ESG);
(12) sailing (age 18 as of
					 the first day of the summer ESG).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter C - Summer Empire State Games › Part 464 - Summer Empire State Games › Section 464.6 - Code of conduct

Current through Register Vol. 46, No. 28, July 10, 2024
The code of conduct includes this Part, the agency's
						guidance documents that will be adopted pursuant to this Part including the
						Games Plan and Handbook and all other related agency guidelines.
(a) The code of conduct requires all
					 athletes, coaches, officials and volunteers associated with any ESG sport or
					 program to conduct themselves responsibly at all times, both on and off the
					 field at all regional trials and finals competitions.
(b) The code of conduct prohibits use of
					 performance enhancing substances; prohibits use of any drugs including tobacco
					 and alcohol in university or college buildings or on those grounds, and at all
					 competition sites or events associated with the summer ESG; and, prohibits
					 practices deemed illegal or unacceptable by a sport's National Governing Body
					 (NGB).
(c) The code of conduct
					 requires honesty, respect, sportsmanship and fair play so that the honor and
					 dignity of the athletes competing in this amateur athletic competition is not
					 compromised.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter C - Summer Empire State Games › Part 464 - Summer Empire State Games › Section 464.7 - Sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The agency will
					 use this Part and the code of conduct to enforce penalties affecting
					 participation in the summer ESG that may be assessed by an NGB or other
					 authority or sanctioning body for the sport.
(b) If an athlete, coach, official or
					 volunteer violates this Part or the code of conduct or other agency guidelines,
					 the ESG director's designee may immediately exclude or remove that person from
					 any host facility or venue or dismiss them from the summer ESG. The violator
					 may appeal that interim decision to the ESG director who will make the final
					 decision. The ESG games may require them to forfeit any ESG apparel or awards
					 pending a final decision. The ESG director's final decision may require the
					 violator to forfeit apparel or forfeit awards or banish them from future ESG
					 participation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter C - Summer Empire State Games › Part 464 - Summer Empire State Games › Section 464.8 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If a court of competent jurisdiction determines that any
						provision of this Part or its application to any person or circumstance is
						contrary to law that determination shall not affect or impair the validity of
						the other provisions of this Part or the application to other persons and
						circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part:
(a) The term administrative office shall mean
				that office wherein are located the offices of the commissioner, deputy and
				assistant commissioners, general counsel, chief administrative law judge and
				their assistants.
(b) The term
				regional office shall mean an office duly established by the division for the
				receipt and/or investigation of complaints.
(c) The term executive deputy commissioner
				shall mean that person responsible for general administration of the agency, as
				specified by the commissioner.
(d)
				The term deputy commissioner for regional affairs shall mean that person
				designated by the commissioner to head the bureau charged with the receipt and
				investigation of complaints and supervise the regional directors.
(e) The term general counsel shall refer to
				the chief legal representative of the agency.
(f) The term adjudication counsel shall mean
				the attorney who reviews the recommended orders of the administrative law
				judges for ultimate determination by the individual empowered to execute
				division orders.
(g) The term
				administrative law judge shall mean hearing examiner as defined in the law. The
				term chief administrative law judge shall mean that administrative law judge
				designated by the commissioner to supervise the administrative law
				judges.
(h) The term regional
				director shall mean the division employee duly designated by the commissioner
				to administer a regional office of the division.
(i) The term division attorney shall mean the
				general counsel of the Division of Human Rights or anyone designated by the
				general counsel or by the commissioner to act as its attorney.
(j) The term law shall mean the New York
				State Human Rights Law.
(k) A word
				or term defined in the law shall have the same meaning when used in this
				Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.2 - Service of papers

Current through Register Vol. 46, No. 28, July 10, 2024
Determinations, notice of hearing, complaints, respondents'
				  answers, and division decisions, findings of fact and orders shall be served by
				  personal service or registered or certified mail, or ordinary, first class
				  mail. However, where a nonresident person or foreign corporation is charged
				  with violating any provision of the law by virtue of the provisions of section
				  298-a thereof, the complaint and notice of hearing shall be served only by
				  personal service or by registered mail, return receipt requested, directed to
				  such person or corporation at the last known place of residence or
				  business.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.3 - Complaint

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Who may file:
(1) Any person or organization claiming to be
				aggrieved by an alleged unlawful discriminatory practice may, in person or by
				an attorney-at-law, make, sign and file with the regional office a verified
				complaint in writing. Assistance in drafting and filing complaints shall be
				available to complainants at all regional offices in person, by telephone or by
				mail. If a complainant lacks mental capacity, the complaint may be filed on his
				or her behalf by a person with a substantial interest in the welfare of the
				complainant.
(2) The Commissioner
				of Labor or the Attorney General or the chair of the Commission on Quality of
				Care for the Mentally Disabled may, in like manner, make, sign and file such a
				complaint.
(3) On its own motion,
				or on the application of an interested person, the division may initiate its
				own complaint.
(4) Any complaint
				filed in accordance with paragraph (1), (2), or (3) of this subdivision may be
				filed on behalf of a class of persons similarly situated.
(5) Any employer whose employees, or some of
				them, refuse or threaten to refuse to cooperate with the provisions of the New
				York State Human Rights Law may file with the division a verified complaint
				asking for assistance by conciliation or other remedial action.
(6) Employees of the division may file
				complaints as stated; provided, however, that no such person may file a
				complaint against the division itself.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.4 - Amendments to complaint

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Power
				to amend. The division or the complainant shall have the power reasonably and
				fairly to amend the complaint. No party may be removed by any amendment. After
				a hearing is commenced before an administrative law judge, any amendment is
				subject to the discretion of the administrative law judge.
(b) Complainant's power. The complainant has
				the right to amend the complaint in a reasonable manner before the commencement
				of a hearing.
(c) Division's power.
				The regional director, division attorney, or administrative law judge may
				reasonably amend the complaint.
(d)
				Any amendments made after a probable cause determination are not subject to any
				further investigations or determinations of probable cause.
(e) Service.
(1) Any amendment to a complaint shall be
				served upon all parties unless made upon the record at a public hearing before
				an administrative law judge. If an amendment adds new parties, a copy of the
				notice of hearing must be served upon such parties.
(2) When a complaint is amended after an
				answer has been filed but before the hearing, each respondent who has filed an
				answer shall be allowed to file an amended answer with the division attorney at
				least two business days prior to the hearing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.5 - Withdrawals, discontinuances and dismissals before a hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Withdrawal. A
				pending complaint, or any part thereof, may be withdrawn by the complainant at
				any time before the service of a notice of hearing. Such a withdrawal shall be
				in writing and signed by the complainant. Such withdrawal does not preclude the
				division from filing a complaint on its own motion based on the same
				facts.
(b) EEOC complaints. A
				complaint filed by the Equal Employment Opportunity Commission on or after July
				15, 1991, to comply with the requirements of
				42 USC section
				2000e-5(c), or on or after
				June 16, 1992, to comply with the requirements of
				42
				USC section 12117(a) or
				29 USC section
				633(b) shall not constitute
				a filing within the meaning of Human Rights Law section 297.9, and shall not
				require a dismissal from the division where complainant seeks to pursue the
				above remedies in court.
(c)
				Discontinuance.
(1) After the service of the
				notice of hearing, a proceeding may be discontinued by the complainant on
				notice to the respondent and with the consent of the commissioner.
(2) The application to discontinue shall be
				in writing, signed by the complainant or complainant's attorney, or made upon
				the record at a public hearing before an administrative law judge.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.6 - Investigations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Investigation.
				After the filing of a complaint, the regional director of the division office
				in which it was filed, or to which it has been transferred, shall make, with
				the assistance of staff, a prompt and fair investigation of the allegations of
				the complaint.
(b) Methods. Such
				investigation may be made by field visit, written or oral inquiry, conference,
				or any other method or combination thereof deemed suitable in the discretion of
				the regional director or the director of regional affairs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.8 - Probable cause review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				regional director must review all recommendations as to determinations after
				investigation made by an investigator, for accuracy of facts and legal
				sufficiency. The regional director shall keep a register of all determinations
				after investigation made by him or her after such review, with notation of the
				date of determination after review, and a comment if necessary.
(b) A special unit, called the review unit,
				will review probable cause determinations as necessary. If such unit determines
				that the record of investigation does not support a finding of probable cause,
				it may order such matter reopened and dismissed, or in the appropriate case,
				reopened and remanded to the regional office with instructions as to further
				proceedings.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.9 - Injunctions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any time
				after the filing of a complaint, the commissioner, by the regional director,
				director of regional affairs or the division attorney, may seek an injunction
				against the doing or procuring of any act tending to render ineffectual any
				order the commissioner may enter in the proceeding, in the manner provided by
				section 297, subdivision 6, of the New York State Human Rights Law.
(b) The seeking of such an injunction may be
				on the division's own motion or on request of a party or attorney.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.10 - Pre-hearing settlement calendar

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to the issuance of the notice of hearing, a settlement
				  calendar may be held wherein each case where probable cause has been found may
				  be considered for settlement.
(a)
				Notice of pre-hearing settlement calendar. A notice of pre-hearing settlement
				calendar shall be served upon all the parties to the proceeding. Such notice
				shall contain the following language, which shall be adhered to in practice in
				substantial form:
IMPORTANT NOTICE
The first session of the public hearing described in this
				  notice shall be devoted exclusively to the settlement of the matter.
Therefore, counsel or the representatives of the parties must
				  attend this hearing with the full authority to settle the matter.
No adjournment of this pre-hearing before the hearing date
				  shall be granted except for good cause shown in writing delivered to the
				  presiding administrative law judge who, in his or her discretion, may grant or
				  deny the request.
The request for adjournment shall be filed with the presiding
				  administrative law judge and served on general counsel of the division and any
				  other opposing counsel no less than five (5) days before the date set for the
				  pre-hearing.
If the presiding administrative law judge grants the
				  adjournment, the conference will be rescheduled to the next available
				  pre-hearing conference date in that county.
Ex parte requests for adjournment will be automatically
				  denied.
Every request for an adjournment shall be deemed a waiver by
				  the requesting party of any present or future objection alleging that the State
				  Division of Human Rights has failed to process the complaint in a timely
				  manner.
Please be advised that the parties to the complaint may, at
				  any time prior to the taking of testimony at a public hearing, mutually agree
				  to submit the complaint for binding arbitration before the American Arbitration
				  Association.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.11 - Notice of hearing and answer

Current through Register Vol. 46, No. 28, July 10, 2024
A notice of hearing together with the complaint as amended
				  shall be served as provided in section
				  297.4(a) 
				  of the New York State Human Rights Law.
(a) Time of filing an answer. At least two
				business days prior to the hearing, the respondent shall, and any necessary
				party may, file a written answer to the complaint, sworn to subject to the
				penalties of perjury.
(b) Place and
				manner of filing of answer. The answer must be filed with the division in
				triplicate in the office of the general counsel of the division, and a copy
				served upon each attorney of record and upon each party not represented by an
				attorney.
(c) Form of answer.
(1) The answer shall be in writing, the
				original being signed and sworn to subject to the penalties of perjury. The
				answer shall contain the party's address, telephone number and, if made by an
				attorney, the name and post-office address and telephone number of said
				attorney.
(2) The answer shall
				contain a separate and specific response to each and every particular of the
				complaint or a denial of any knowledge or information thereof sufficient to
				form a belief. Any matter constituting an affirmative defense, including lack
				of jurisdiction, shall be stated separately and with particularity in the
				answer.
(3) Any allegation in the
				complaint which is not denied shall be deemed admitted.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.12 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Hearings shall be held as provided in section
				  297.4(a) 
				  of the New York State Human Rights Law.
(a) Consolidations. Two or more complaints
				may be scheduled simultaneously before the same administrative law judge, who
				may consolidate or sever them.
(b)
				Appearances.
(1) All parties to the
				proceeding, other than a respondent whose default in answering has not been
				excused, may be present and shall be allowed to present testimony in person or
				by counsel and cross-examine witnesses.
(2) If a notice of hearing has not been
				delivered to a party, the division in its discretion may postpone a scheduled
				hearing to determine whether that party expects to attend a hearing, or whether
				the complaint should be dismissed for administrative convenience, default
				entered, or other appropriate action taken.
(3) If a respondent fails to appear at the
				duly noted time and place of the hearing and the hearing is not adjourned,
				irrespective of whether an answer to the complaint has been filed, the hearing
				shall proceed on the evidence in support of the complaint. Upon application,
				the administrative law judge or chief administrative law judge may, for good
				cause shown, reopen the proceeding, upon equitable terms and
				conditions.
(4) Prior to an order
				after hearing, a default entered upon a respondent's failure to appear may be
				reopened, for good cause shown, upon written application to the administrative
				law judge or chief administrative law judge.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.13 - Representation by an attorney

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Appearance. If any party designates an attorney-at-law to represent the party
				before the division, such attorney shall file a notice of appearance with the
				division. An attorney-at-law who appears for a party to the proceeding at any
				stage therein, including an application for an injunction, shall be deemed to
				remain that party's attorney throughout the proceeding until:
(1) the party represented files with the
				division a written revocation of the attorney's authority; or
(2) the attorney files with the division a
				written statement of withdrawal from the case; or
(3) the attorney states on the record at a
				division hearing that the attorney is withdrawing from the case; or
(4) the party represented states on the
				record at a division hearing that the attorney's authority is revoked;
				or
(5) the division receives notice
				of the attorney's death or disqualification; or
(6) an adverse ruling is made on a motion to
				disqualify an attorney because of conflict of interest.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.14 - Subpoenas and subpoenas duces tecum

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Who may issue.
(1) The commissioner, an administrative law
				judge, the division attorney, or other officer or employee of the division
				designated for this purpose by the commissioner, may issue subpoenas requiring
				a witness to appear and give sworn testimony whenever necessary to compel
				attendance.
(2) The commissioner,
				an administrative law judge, the division attorney, the deputy commissioner for
				regional affairs, regional director, or other officer or employee of the
				division designated for this purpose by the commissioner, may issue subpoenas
				duces tecum to require the production for examination of any books, payrolls,
				personnel records, correspondence, documents, papers or any other evidence
				relating to any matter under investigation or in question before the
				division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.16 - Settlements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Stipulation. At
				any time after a determination of probable cause, the parties may stipulate to
				settle the case subject to the approval of the commissioner. Such stipulation
				shall either be in writing, signed by the parties or their attorneys, or be
				placed on the record at a public hearing.
(b) Terms.
(1) The stipulation should contain precise
				and unambiguous terms.
(2) The
				stipulation should include an agreement by the respondent to refrain or cease
				and desist from the commission of unlawful discriminatory practices in the
				future.
(3) The stipulation may
				include an escrow arrangement for the payment of any monies due
				thereunder.
(4) The stipulation
				should provide for the issuance of an order thereon by the commissioner,
				incorporating its operative terms.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.17 - Orders after hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Form.
				An order issued after hearing shall set forth the findings of fact of the
				commissioner, the determination and, in discretion of the commissioner, an
				opinion containing the reasons for the decision.
(b) Content. An order after hearing shall
				conform to the requirements set forth in section
				297.4(c) 
				of the New York State Human Rights Law, and may include a directive for the
				payment of interest on any money awarded.
(c) Preparation and order.
(1) After all testimony is taken and briefs,
				if any, are submitted, the administrative law judge shall prepare a proposed
				order for the commissioner containing findings of fact and a decision, and a
				copy of said proposed order shall be served on all parties. Objections to the
				proposed order shall be in writing and be filed in the commissioner's office
				within 21 days after service of the proposed order. When objections are so
				filed, the hearing shall be deemed to be completed at the time of such
				filing.
(2) When the interests of
				justice so require, the adjudication counsel may issue an order based on the
				record. If an alternative proposed order is under consideration by the
				commissioner, a copy of said alternative proposed order shall be served on all
				the parties. Objections to the alternative proposed order shall be in writing,
				and be filed in the commissioner's office within 21 days after service of the
				alternative proposed order.
(3) The
				parties shall have no ex parte contact with the commissioner. The commissioner
				shall not decide any case if any party has had ex parte contact with him or her
				within the context of the case at bar. If, for this or any other reason, the
				commissioner recuses him or herself or otherwise delegates this function, the
				executive deputy commissioner, adjudication counsel, or chief administrative
				law judge of the division will be designated by the commissioner as the person
				who is fully empowered to decide such case.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.18 - Compliance investigation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Investigation. Not later than one year from the date of a conciliation
				agreement, an order after hearing or an order after stipulation, and at any
				other times in its discretion, the division shall investigate whether the
				respondent is complying with the terms of such agreement or order.
(b) Action. Upon a finding of noncompliance,
				the division shall take appropriate action to assure compliance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.19 - Action to assure compliance by nonresident respondent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hearing. If the division, in the course
				of a compliance investigation or otherwise, receives credible information
				indicating noncompliance with a cease and desist order issued against a
				respondent nonresident individual or respondent foreign corporation by virtue
				of section 298-a of the New York State Human Rights Law, the division shall
				serve upon such respondent a notice summarizing such information and directing
				such respondent to appear at a hearing and show cause why such respondent
				should not be prohibited from transacting any business within this State. The
				notice shall set forth the time and place of the hearing. Such respondent may
				appear at the hearing, in person or by counsel, and cross-examine witnesses and
				submit oral testimony and other evidence. Subdivisions (c) through (l) of
				section
				465.12  of this Part and
				sections
				465.13
				through
				465.15 
				of this Part shall apply in such cases.
(b) Prohibition order. If, after a hearing
				held as provided in subdivision (a) of this section, the commissioner finds
				that such respondent has failed to comply with the cease and desist order, the
				division, acting by the commissioner, shall issue an order prohibiting such
				respondent from transacting any business within this State. Such prohibition
				order shall be subject to judicial review in the manner prescribed by article
				78 of the Civil Practice Law and Rules of the State of New York.
(c) Vacating prohibition order. Any
				prohibition order issued pursuant to subdivision (b) of this section may be
				vacated by the division upon application made under section
				465.20 
				of this Part, upon satisfactory proof of compliance with the underlying cease
				and desist order.
(d) Violation a
				misdemeanor. Any information indicating that a respondent has violated a
				prohibition order issued pursuant to subdivision (b) of this section shall be
				referred to the district attorney of the county where the violation occurred.
				Subdivision 3 of section 298-a of the New York State Human Rights Law makes
				such violation a class A misdemeanor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.20 - Reopening of proceedings by commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reopening on commissioner's own motion.
(1) The commissioner, or any designee of the
				commissioner including, but not limited to, those specifically referred to in
				these rules, may, on his or her own motion, whenever justice so requires,
				reopen a proceeding, determination or record, and take such action as may be
				deemed necessary.
(2) No case shall
				be reopened where an appeal has been taken to court from an order dismissing a
				case for lack of probable cause or lack of jurisdiction. However, the division
				may request the court to remand such a case for good cause.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.22 - Construction of rules

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall be liberally construed to accomplish the
				  purposes of the New York State Human Rights Law and the policies of the
				  division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.1 - Posting of notices by employers, employment agencies, labor organizations and labor-management committees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every employer, employment agency, labor
				organization, and labor-management committee subject to the Human Rights Law,
				shall post and maintain at is offices, places of employment or employment
				training centers, notices furnished by the Division of Human Rights, indicating
				the substantive provisions of the Human Rights Law, the place where complaints
				may be filed and such other information as the Division of Human Rights deems
				pertinent.
(b) With respect to
				employers and employment agencies, such notices must be posted conspicuously in
				easily accessible and well-lighted places customarily frequented by employees
				and applicants for employment and at or near each location where the employees
				services are performed or by applicants for or participants in apprenticeship,
				on-the-job training or other training or retraining programs.
(c) With respect to labor organizations and
				labor-management committees, such notices must be posted conspicuously in
				easily accessible and well-lighted places customarily frequented by members and
				applicants for membership in the labor organizations or by applicants for or
				participants in apprenticeship, on-the-job training or other training or
				retraining programs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.2 - Posting of notices at places of public accommodation, resort or amusement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every person
				being the owner, lessee, proprietor or manager of any place of public
				accommodation, resort or amusement, subject to the Human Rights Law, shall post
				and maintain at such place of public accommodation, resort or amusement,
				notices furnished by the Division of Human Rights indicating the substantive
				provisions of the Human Rights Law, the place where complaints may be filed and
				such other information as the Division of Human Rights deems
				pertinent.
(b) Such notices must be
				posted conspicuously in easily accessible and well- lighted places at the place
				of public accommodation, resort or amusement where they may be readily observed
				by those seeking any of the accommodations, advantages, facilities or
				privileges of such place of public accommodation, resort or
				amusement.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.3 - Posting of notices concerning housing accommodations and commercial space

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notices at
				housing accommodations.
(1) Every person
				being the owner, lessee, sublessee, assignee, or managing agent of housing
				accommodations subject to the Human Rights Law, shall post and maintain at such
				accommodations, notices furnished by the Division of Human Rights, indicating
				the substantive provisions of the Human Rights Law relative to housing
				accommodations, the place where complaints may be filed and such other
				information as the Division of Human Rights deems pertinent.
(2) Such notices must be posted conspicuously
				in easily accessible and well- lighted places at the housing accommodations,
				where they may be readily observed by those seeking such housing accommodations
				and/or facilities or services in connection therewith.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.4 - Posting of notices by volunteer fire departments and volunteer fire companies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				volunteer fire department and volunteer fire company subject to the Human
				Rights Law shall post and maintain at its fire houses, fire stations, offices
				and meeting halls notices furnished by the Division of Human Rights, indicating
				the substantive provisions of the Human Rights Law, relating to membership in
				volunteer fire departments and volunteer fire companies, the places where
				complaints may be filed, and such other information as the Division of Human
				Rights deems pertinent.
(b) Such
				notices must be posted conspicuously in easily accessible and well- lighted
				places customarily frequented by volunteer firemen and applicants for
				membership in volunteer fire departments and volunteer fire
				companies.