[HISTORY: Adopted by the Town Board of the Town of Huntington 10-16-2007 by L.L. No. 36-2007. Amendments noted where applicable.]
[Amended 4-12-2011 by L.L. No. 12-2011]
It is the intention of the Town Board to protect the legal interests of the public by insuring that due process is delivered as expeditiously as possible by providing for an administrative hearing officer to alternatively preside over appeals and administrative hearings. In order to accomplish this goal, the Town Board is exercising its authority under § 10(1)(ii)(a)(11) and (12), § 10(1)(ii)(d)(3), § 10(3)(b) and (4)(a) and (b) of the Municipal Home Rule Law, § 136(1) and § 137 of the Town Law and any other applicable provision of law now or hereafter enacted, to supercede and/or expand upon the applicable provisions of § 137 of the Town Law, and any other applicable or successor law, in order to permit an appointed administrative hearing officer to preside over appeals or administrative hearings to be held pursuant to the Huntington Town Code.
There shall be Hearing Officer(s) appointed by the Town Board and compensated at a rate provided by the Town Board. The Town Board may establish more than one (1) Hearing Officer based upon its determination of the need. Subject to review and approval by the Town Attorney, the Hearing Officer shall adopt such rules and regulations as he or she deems necessary for the conduct of affairs.
The Hearing Officer is authorized to hear and determine the following matters:
A. 
Appeals.
[Amended 4-12-2011 by L.L. No. 12-2011]
(1) 
If on a public works contract the Director of Engineering Services denied the final payment as set forth in the final payment invoice submitted by the contractor, the Hearing Officer may make such determination, as he or she deems necessary or proper, with or without conditions, and may sustain or reverse the decision of the Director, in whole or in part, and authorize the final payment as set forth in the final payment invoice or such portion of the final payment invoice as the interests of justice may require.
(2) 
Appeals from a determination of the Comptroller denying in whole or in part the final payment as set forth in the final payment invoice submitted by the contractor. The Hearing Officer may make such determination, as he or she deems necessary or proper, with or without conditions, and may sustain or reverse the decision of the Comptroller, in whole or in part, and authorize the final payment as set forth in the final payment invoice or such portion of the final payment invoice as the interests of justice may require.
B. 
The Hearing Officer is authorized to hear and determine appeals of decisions to suspend, revoke or deny licenses or permits as provided in the Huntington Town Code.
C. 
The Hearing Officer is authorized to make recommendations and findings to the Town Board or Town Director pursuant to the applicable provisions of the Town Code.
[Added 4-12-2011 by L.L. No. 12-2011[1]]
[1]
Editor’s Note: This local law also redesignated former Subsection C as Subsection D.
D. 
Such other matters as may be directed to the Hearing Officer by the Town Board or its designee, or as otherwise set forth in the Code of the Town of Huntington.
[Amended 4-12-2011 by L.L. No. 12-2011]
A. 
In those instances where the Hearing Officer is to determine the controversy or the appeal, the Hearing Officer shall schedule evidentiary hearings where minutes shall be taken and maintained as official records, together with such exhibits as are submitted to and accepted by the Hearing Officer. The Hearing Officer shall issue a written decision pursuant to the requirements of the relevant code provision and within the time set forth therein, or within twenty (20) days of the close of the hearing, whichever is less. Unless otherwise stated, the decision of the Hearing Officer shall be served upon the claimant or other person or entity seeking redress before the Hearing Officer by regular or certified mail return receipt requested, and filed in the Office of the Huntington Town Clerk.
B. 
In those instances where the Hearing Officer acts in an advisory capacity to the Town Board or a Town Director, the Hearing Officer shall submit his/her written findings and recommendations to the Huntington Town Board or such Director pursuant to the requirements of the relevant code provisions and within the time set forth therein, or within twenty (20) days of the close of the hearing, whichever is less. Unless otherwise stated, a copy shall be served by regular or certified mail, return receipt requested, to the claimant or other subject of the hearing. The Town Board or Director may adopt or dismiss, in whole or in part, with or without conditions, the recommendations of the Hearing Officer.
[Amended 4-12-2011 by L.L. No. 12-2011]
Any person or business entity that is aggrieved by the determination of the Hearing Officer, Town Director or Town Board may appeal to a court pursuant to Article 78 of the New York Civil Practice Law and Rules, or other applicable provision of law.