2019 New York Laws
PBH - Public Health
Article 33 - Controlled Substances
Title 7 - Offenses, Violations and Enforcement
3393 - Formal Hearings Procedure.

§  3393. Formal hearings procedure.  1. The commissioner or any person
  designated by him for this purpose, shall have the power  to  administer
  oaths,  compel  the attendance of witnesses and the production of books,
  records and documents and to take proof  and  testimony  concerning  all
  matters within the jurisdiction of the department.
2.  Notice  of  hearing shall be served at least fifteen days prior to
  the date of the hearing, provided, however,  whenever  the  commissioner
  has  made  a  preliminary  order  suspending  a license or directing the
  cessation of any activity pending the hearing,  the  commissioner  shall
  provide  the  person  affected  thereby  with an opportunity to be heard
  within five days.
3. At a  hearing  any  person  who  is  a  party  thereto  may  appear
  personally,  shall  have  the  right  of  counsel, and may cross-examine
  witnesses and produce evidence and witnesses in his own behalf.
4. Following  a  hearing,  the  commissioner  shall  make  appropriate
  findings  of  fact  and  determinations  and  shall  issue  an  order in
  accordance therewith.
5. The person conducting the hearing shall not be bound by  the  rules
  of  evidence but any determination must be founded upon sufficient legal
  evidence to sustain it.
6. The commissioner may adopt such rules and regulations governing the
  procedures to be followed  with  respect  to  the  hearings  as  may  be
  consistent with the fair and effective administration of this article.
7. Any notice, application, order or other paper required to be served
  upon  any  party  to  a proceeding hereunder may be served in person, by
  registered mail or by  certified  mail  upon  either  the  party  or  an
  attorney who has appeared on his behalf.