Title 9 Part 465

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.

The complainant has the right to amend the complaint in a reasonable manner before the commencement of a hearing.

The regional director, division attorney, or administrative law judge may reasonably amend the complaint.

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:

Copies of all written communications or notices in the matter directed to the party shall be sent either to the attorney alone or to both the party and the attorney.

Service of any document or paper (except subpoenas and subpoenas duces tecum) in the matter on such attorney shall be deemed service on the party represented; provided, however, that the division may, in addition, serve any document or paper on the party such attorney represents.

When an attorney has ceased to represent a complainant, the division shall have no obligation to notify said attorney of any award of money to a complainant by way of conciliation, settlement, order after hearing or otherwise, and may consent to or order the delivery and payment of the award by the respondent to the complainant. When a complainant is represented by an attorney at the time of an award, the terms of payment thereof shall provide that said award shall be paid in the form of a check or draft made payable to the complainant but delivered to the complainant's attorney.

Subpoenas duces tecum, issued by the designated division officers and employees, may be made returnable at any stage of any investigation or proceeding pending before the division. Documents, books and records required for a public hearing before an administrative law judge may be subpoenaed and made returnable prior to such hearing at such time and place stated in the subpoena by the issuing officer, or made returnable before the designated division depository officer. Witness subpoenas shall be returnable only at public hearing.

Subpoenas and subpoenas duces tecum may be issued by the designated division officers and employees upon the application of a party or a party's attorney.

An attorney appearing for a party may issue subpoenas or subpoenas duces tecum returnable at a hearing before an administrative law judge. Subpoenas for the production of documents, books and records required for a public hearing before an administrative law judge may be made returnable prior to such hearing before the duly designated division depository officer, who shall hold the material produced pursuant to the subpoena for the administrative law judge.

An officer or employee of the division's office of general counsel may be designated as a depository officer, who shall receive and hold documents, books and records subpoenaed prior to a public hearing or produced at said hearing and required for use during the period between the commencement of a public hearing and any adjourned date thereof. Such records shall be made available for inspection and copying during the ordinary business hours of the division, by appointment, and in accordance with section 2305(c) of the Civil Practice Law and Rules of New York State.

A subpoena duces tecum directed to a public body or agency does not require approval of a court.

Where a subpoena or subpoena duces tecum is issued at the instance of a party, or by an attorney, the cost of service and witness and mileage fees and the burden of service shall be borne by such party or attorney. Such witness and mileage fees shall be the same as are paid at trials in the New York State Supreme Court.

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.

Upon a finding of noncompliance, the division shall take appropriate action to assure compliance.

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.

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.

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.

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.

Where a complaint has been dismissed after investigation for lack of probable cause or lack of jurisdiction, the time to appeal to court has expired, and less than one year has passed since the dismissal, reopening may be predicated only upon:

Where a complaint has been withdrawn, it may not be reopened except upon an allegation that the withdrawal was induced by fraud, coercion, or error, contained in a written application for such reopening made to the division within one year after the issuance by the division of a notice that said complaint has been withdrawn, or within one year from the effective date hereof. Nothing herein contained shall be construed to limit the complainant's right to refile a withdrawn complaint no later than one year after the alleged discriminatory practice.

The rules of the division shall be available to the public at all offices of the division.

This Part shall be liberally construed to accomplish the purposes of the New York State Human Rights Law and the policies of the division.