Title 9 Part 52

When a local board has disapproved an application, the applicant shall be afforded a hearing for the purpose of producing any such evidence before the Authority as he shall desire with reference to the reasons for disapproval stated by the local board. In addition to the evidence produced by the applicant in such hearing, the local board or the Authority may also introduce such evidence as it deems necessary with reference thereto. The hearing shall be conducted by a member of the Authority or any employee of the Authority duly designated by the Authority so to act, who shall be known as the hearing commissioner. The hearing commissioner shall rule upon matters of procedure and introduction of evidence, and shall conduct the proceeding in such manner as will best serve the purpose of the attainment of justice and dispatch. Objections may be taken to rulings of the hearing commissioner with the reasons for such objections stated, but will not be deemed to have been made unless duly noted in the stenographic record.

Any person so aggrieved by a determination of a local board may appear and present his case in person, or by duly appointed representative, and may submit affidavits or produce evidence under oath relative and material to the review of the action taken by the local board. The applicant must appear in person on the date set forth in the notice given him, and on all adjourned dates.

The applicant for a license may be represented by counsel, provided, however, the attorney shall be a member of the bar of the State of New York in good standing.

Applications for adjournments shall not be granted except for good cause and unless written request is presented therefor. No request for adjournment shall be considered granted until such time as the same has been approved by the hearing commissioner in charge.

Any person appearing before the Authority in a representative capacity may be required to show his authority to act in such capacity.

Oral argument may be made only before the commissioner in charge of the hearing. Such oral argument may be limited by the commissioner in his or her discretion and is to be included in the stenographic record.

Briefs may be filed only if the commissioner has granted permission for the filing of same and such permission is duly noted in the stenographic record. Such briefs must be submitted within the time fixed by the commissioner and six copies thereof must be submitted, unless the commissioner is not a member of the Authority, in which case an additional copy must be submitted for his consideration.

Upon request made by an applicant or his agent, a copy of the transcribed record of the hearing shall be furnished to such person upon payment of the prevailing charges. Where the record has been transcribed at the time of the request, the “prevailing charges” shall be one dollar per page. Where the record has not been transcribed and it is the intention of the Authority not to transcribe the record at the time of the request, the “prevailing charges” shall be the entire cost to the Authority of transcribing the record of the hearing or so much thereof as the applicant requests. Where the applicant has waived the recording of the hearing and thereafter requests a copy of the hearing officer's report, a copy thereof shall be furnished to him and the “prevailing charges” therefor shall be one dollar per page.

Notice of hearing shall be deemed to have been duly served if sent by registered mail to the applicant addressed to his residence, or to the residence of the president of a corporate applicant, and a copy thereof by ordinary mail to the address of the premises sought to be licensed. A copy of said notice shall be served upon the appropriate local board either directly or by mailing such copy by ordinary mail. For the purposes of this section the address of the applicant as set forth in the application shall be deemed the residence.

Parties by agreement may stipulate as to any facts involved in the proceedings. Such stipulation, to be effective, must be duly noted in the stenographic record of the proceedings.

Subpoenas may be issued in the manner provided for subpoenas in the Civil Practice Act of the State of New York.

In the discretion of the Authority, hearings may also be held upon applications for renewal of licenses, under the foregoing provisions, insofar as applicable. Notice may be sent, even prior to receipt of an application for renewal, in the form of a notice of contemplated disapproval, setting forth the grounds for the action.

In cases other than those set forth above in section 52.1 of this Part, the Authority, in connection with a pending application, may hold an investigative interview, at which the applicant and any other witnesses may be questioned under oath. Interviews may be conducted by a member of the Authority or any employee of the Authority duly designated thereby to act, who shall be known as the interviewer. The provisions set forth above concerning hearings shall not be applicable to such interviews, which are held pursuant to the Authority's investigative function for the purpose of developing facts essential to adequate consideration of the application.

Alcoholic Beverage Control Law, § 120-a

Whenever a hearing is required by the Alcoholic Beverage Control Law or this Part, the applicant may stipulate in writing [see form below], that the testimony and other evidence submitted at the hearing shall not be recorded by stenographic minutes or otherwise. Any provisions of law or this Part inconsistent with such stipulation, or the intent thereof, shall be deemed waived by the applicant for all purposes. The hearing officer's report shall be deemed conclusive as to the proceedings at the hearing.

WAIVER STIPULATION

(Statutory Hearing)

The undersigned applicant has been advised by the Hearing Officer that under the provisions of the Alcoholic Beverage Control Law and Rules of the Authority, a stenographic record is required to be made of all evidence, oral or documentary, submitted at this hearing.

The undersigned applicant hereby stipulates that (1) such evidence shall not be recorded by stenographic minutes or otherwise; (2) any provision of law or rule inconsistent with this stipulation is hereby waived for all purposes; and (3) the hearing officer's report shall be deemed conclusive in all respects as to the proceedings at such hearing.

Dated:

Applicant

Serial Number

Address and Zip Code