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Title: Section 493.4 - Response.

493.4 Response. (a) If in response to the proposed statement of charges the operator wishes to attempt to settle an action with the department, the operator must file a written response to the proposed statement of charges with the department's counsel's office in Albany. The written response must be either hand-delivered during normal business hours within, or if mailed, postmarked no more than 30 days after the receipt of the proposed statement of charges. The response must:

(1) specifically admit or deny each charge;

(2) set forth with particularity the operator's position with respect to each charge which is denied. The operator must state the legal and factual basis for denying the charge, and must submit copies of all documents, such as letters, charts, graphs and photographs in support of the operator's position; and

(3) list the witnesses whom the operator intends to present and a statement indicating the substance of their anticipated testimony.

(b) Upon receipt of the response, the department may require further clarification from the operator and may require the presence of the operator at an office of the department to resolve any outstanding issues. The department may settle the action or any part of it, and may proceed to a hearing on those issues which are not settled.

(c) If the operator fails to file a written response within 30 days of receipt of the proposed statement of charges, the department may mail a notice of hearing and statement of charges to the operator in accordance with the provisions of section 493.6 of this Part.



VOLUME B-1 (Title 18)