4 NYCRR 214.4

Procedure

Source version current through Oct 7, 2026

Source details

Procedure

(a)Upon observation of perceived misconduct, or upon the complaint of any person to the

administrative law judge, other board designee or board where it appears there are sufficient

grounds to believe there has been misconduct, an administrative law judge, other board designee,

or the board shall notify in writing the alleged offending party, advocate or other person of the

alleged behavior perceived to be misconduct and the proposed action to be taken, and shall allow

the alleged offending party, advocate or other person at least ten (10) working days to respond.

(b)The administrative law judge, other board designee, or board may, in their discretion, request

the other parties in the proceeding respond to the notice.

(c)If material issues of disputed fact exist, a hearing may be held to resolve such issues. In the

case of a proceeding before an administrative law judge or other board designee, the

administrative law judge or other board designee may, in their discretion, hear the matter or may

request that the board appoint a different hearing officer. In the case of a proceeding before the

board, the board may designate a hearing officer to conduct a hearing and issue a report and

recommendation to the board.

(d)Upon receipt and review of the response(s), and where necessary after a hearing, the

administrative law judge, other board designee, or board shall issue a determination setting forth

the misconduct and responsive action. Such determinations will be subject to exceptions to the

board pursuant to Part 213 of this Title or, where a final order of the board, a proceeding

pursuant to section 213 of article 14 of the Civil Service Law.