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Title: Section 76.5 - Finding of violation

76.5 Finding of violation.

(a) The regulatory proceeding will begin with service of a signed finding of violation issued by a department inspector. Service of the finding of violation will be made to conform to the requirements of section 12-a of the Public Health Law for service of a notice of hearing. An inspection report of the departmental inspector may be used in whole or part as the department's description of alleged violations.

(b) The finding of violation shall contain:

(1) a short and plain statement of facts found which are alleged to constitute a violation, including the dates when such facts were observed;

(2) specific reference to the provisions of the Public Health Law, State Sanitary Code or pertinent provisions of the administrative rules and regulations alleged to have been violated;

(3) Information adequate for a respondent to calculate the maximum penalty assessable if the facts are found to be as alleged;

(4) notification that a hearing will be held at a place designated by the department not less than 15 days after service of the finding of violation, and further notice that failure to appear at the time and place designated for the hearing will constitute a default in appearance by the respondent and that a decision and order will be rendered and issued on the record established by the hearing;

(5) information adequate to apprise the respondent of the provisions relating to answers set forth In section 76.6 of this Part;

(6) a statement that the respondent will be given a reasonable opportunity to be heard by written or oral argument on issues of law and fact;

(7) a description of how the proceedings may be resolved by stipulation agreement between the department and the respondent and payment of a specific monetary fine in lieu of a hearing.

(c) The tribunal or tribunal representatives may allow amendments by the respondent and the department. These amendments must be reasonably within the scope of the original finding of violation or recognize occurrences subsequent to the date of the original finding of violation and be relevant to the alleged violations.


VOLUME A-1a (Title 10)