Section 76.3 - Public health administrative tribunal; establishment, powers and duties

76.3 Public health administrative tribunal; establishment, powers and duties.

(a) A public health administrative tribunal is established in the department consisting of three executive level staff members as designated by the commissioner. The tribunal will itself, or through delegation to tribunal representatives, have the power and duty to:

(1) accept pleas to hear and determine allegations of violations of the Public Health Law and State Sanitary Code (Chapter I of this Title), and pertinent provisions of the administrative rules and regulations of the department;

(2) examine witnesses and receive evidence for this purpose;

(3) administer oaths and affirmations;

(4) sign and issue subpoenas in the name of the department at the request of any party, requiring attendance and giving of testimony by witnesses and production of books, papers, documents and other evidence; such subpoenas shall be regulated by the Civil Practice Law and Rules;

(5) provide for taking of testimony by deposition;

(6) regulate the course of the hearings, set the time and place for continued hearings, and fix the time for filing of briefs and other documents;

(7) determine whether or not to offer a stipulation as provided in section 76.9 of this Part;

(8) impose fines, penalties, permit revocations, permit suspensions or closure as authorized;

(9) order abatement of violations, and a schedule for such abatement; and

(10) order reinspection of the facility to determine compliance with the State Sanitary Code and orders for abatement.

(b) The tribunal will:

(1) serve as the department's review board with respect to appeals made from the decisions, determinations and orders of designated tribunal representatives;

(2) maintain records relating to appeals;

(3) adopt administrative procedures and guidelines; and

(4) maintain a record of designated tribunal representatives and their decisions.
 

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