New York regulations

Title 9 Part 52

Executive Department

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15 sections

Compiled text through Jul 31, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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9 NYCRR 52.1 - Hearings

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Dates and status
Compiling agency
Executive Department
Text status
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Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

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.

9 NYCRR 52.2 - Appearances

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Dates and status
Compiling agency
Executive Department
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Jul 31, 2022
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

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.

9 NYCRR 52.3 - Attorneys

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Dates and status
Compiling agency
Executive Department
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Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

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.

9 NYCRR 52.4 - Adjournments

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Executive Department
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Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

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.

9 NYCRR 52.5 - Authority for representation

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Executive Department
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Jul 31, 2022
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

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

9 NYCRR 52.6 - Argument

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Executive Department
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Jul 31, 2022
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

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.

9 NYCRR 52.7 - Briefs

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Dates and status
Compiling agency
Executive Department
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Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

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.

9 NYCRR 52.8 - Evidence

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Dates and status
Compiling agency
Executive Department
Text status
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Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026
(a)The rules of evidence governing proceedings in the courts of the State shall not be rigidly enforced in hearings and interviews before the Authority, and unless objection is made and duly noted in the stenographic record, all evidence appearing in the stenographic record shall be deemed to have been validly introduced for the consideration of the Authority.
(b)The introduction of cumulative evidence shall be avoided and the commissioner may limit the testimony of any witness which he judges to be merely cumulative; however, the party offering such testimony may make a short avowal of the testimony which would be given and if the witness asserts that such avowal is true, this avowal shall be made a part of the stenographic record.
(c)Upon due application to the commissioner in charge prior to the determination of the Authority, the hearing may, in the discretion of the commissioner, be reopened for the presentation of new evidence. Such application must set forth concisely the nature of the new evidence. The Authority may, on its own motion, reopen a hearing or interview for the presentation of new evidence.

9 NYCRR 52.9 - Record

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Dates and status
Compiling agency
Executive Department
Text status
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Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

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.

9 NYCRR 52.10 - Notice

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Dates and status
Compiling agency
Executive Department
Text status
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Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jul 8, 2026

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.

9 NYCRR 52.11 - Stipulations

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Dates and status
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Executive Department
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Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

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.

9 NYCRR 52.12 - Subpoenas

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Dates and status
Compiling agency
Executive Department
Text status
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Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

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

9 NYCRR 52.13 - Renewal hearings

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Dates and status
Compiling agency
Executive Department
Text status
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Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
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Jun 6, 2026

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.

9 NYCRR 52.14 - Investigative interviews

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

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.

9 NYCRR 52.15 - Waiver of stenographic record

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

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.

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