Except as otherwise provided by statute, the Town of Smithtown,
one or more members of the Town Board, the Town Board or one or more
hearing officers designated and empowered by the Town Board of the
Town of Smithtown to conduct hearings shall be presiding officers.
Hearings shall be conducted in an impartial manner. Upon the filing
in good faith by a party of a timely and sufficient affidavit of personal
bias or disqualification of a presiding officer, the Town Board shall
determine the matter as part of the record in the case, and its determination
shall be a matter subject to judicial review at the conclusion of
the adjudicatory proceeding. Whenever a presiding officer is disqualified
or it becomes impractical for him or her to continue the hearing,
another presiding officer may be assigned to continue with the case,
unless it is shown that substantial prejudice to the party will result
therefrom.
Except as otherwise provided by statutes, presiding officers
are authorized to:
A. Administer oaths and affirmations.
B. Sign and issue subpoenas in the name of the Town of Smithtown at
the request of any party requiring attendance and giving of testimony
by witness and the production of books, papers, documents and other
evidence, and said subpoenas shall be regulated by the Civil Practice
Law and Rules. Nothing herein contained shall effect the authority
of an attorney for a party to issue such subpoenas under the provisions
of the Civil Practice Law and Rules.
C. Provide for the taking of testimony by deposition.
D. Regulate the course of the hearing, set the time and place for continued
hearings and fix the time for filing of briefs and other documents.
E. Direct the parties to appear and confer to consider the simplification
of the issues by consent of the parties.
Adjournment of any hearing or proceeding conducted pursuant
to this chapter shall be granted only for good cause. Written request
for adjournment shall be submitted to the hearing officer in the hearing
or proceeding or to the Town Board, as the appropriate case may be,
for which the adjournment is sought. The request must be accompanied
by an affidavit which contains sufficient detail to allow the hearing
officer or the Town Board to rule on the request.
Under this chapter, adjudicatory proceedings shall be conducted
in an expeditious manner with all due regard for the rights of the
parties concerned. Every effort should be made by the parties to effectuate
a speedy disposition of the case.
The hearing officer exercising discretion may elect to conduct
any hearing or proceeding under these rules ex parte after a showing
that the party who is the subject of the hearing and its representative
of record have been notified by certified mail of the pending hearing
or proceeding or otherwise served with notice of the hearing. The
party who is the subject of the hearing shall at no time be deprived
the opportunity to appear. However, if a party has been served with
two written notices of hearing and fails to appear after each notice,
the hearing officer on proof of service shall have the authority to
proceed with the scheduled hearing. Proof of service shall consist
of a signed certified mail receipt or affidavit.
At the conclusion of said hearing and as a result of the evidence
adduced thereon and upon the recommendation of the hearing officer,
the Town Board may, in its discretion, revoke said license, suspend
the subject license for a specified period of time, censure the licensee
and/or impose a fine not to exceed $25,000 per violation. Nothing
herein shall be construed to limit the authority of the Town Board
to refer such violation to an appropriate prosecutor for criminal
prosecution in addition to any civil penalty assessed under the provisions
of this chapter.