§ 71-1709. Formal hearings; notice and procedure.

1. The commissioner, or any person designated by him for this purpose,
may issue subpoenas and administer oaths in connection with any hearing
or investigation under or pursuant to the provisions of this chapter
listed in sections 71-1701 and 71-2503, and of titles 17 through 21
inclusive and title 43 of this article, and it shall be the duty of the
commissioner and any persons designated by him for such purpose to issue
subpoenas at the request of and upon behalf of the respondent.

2. The commissioner and those designated by him shall not be bound by
the laws of evidence in the conduct of hearing proceedings, but the
determination shall be founded upon sufficient legal evidence to sustain
it.

3. Notice of hearing shall be served at least fifteen days prior to
the date of the hearing, provided that, whenever because of danger to
the public health it appears prejudicial to the interests of the people
of the state to delay action for fifteen days, the commissioner may
serve the respondent with an order requiring certain action or the
cessation of certain activities immediately or within a specified period
of less than fifteen days and the commissioner shall provide an
opportunity to be heard within fifteen days after the date the order is
served.

4. Service of notice of hearing or order shall be made by personal
service or by registered or certified mail. Where service, whether by
personal service or by registered or certified mail, is made upon an
infant, incompetent, partnership, corporation, governmental subdivision,
board or commission, it shall be made upon the person or persons
designated to receive personal service by article 3 of the Civil
Practice Law and Rules.

5. The Attorney General may prefer charges, attend hearings, present
the facts, and take any and all proceedings in connection therewith.

6. At a hearing, the respondent may appear personally, shall have the
right of counsel, and may cross-examine witnesses against him and
produce evidence and witnesses in his behalf.

7. Following a hearing, the commissioner may make appropriate
determinations and issue an order in accordance therewith.

8. The commissioner may adopt, amend and repeal administrative rules
and regulations governing the procedures to be followed with respect to
hearings, such rules to be consistent with the policy and purpose of the
provisions of this chapter listed in section 71-1701, and of titles 17
through 21 inclusive and title 43 of this article and the effective and
fair enforcement of their provisions.

9. The provisions of this section shall be applicable to all hearings
held pursuant to the provisions of this chapter listed in section
71-1701, and of titles 17 through 21 inclusive and title 43 of this
article, except where other provisions of such articles, titles,
sections and subdivisions applicable thereto are inconsistent therewith,
in which event such other provisions shall apply.