[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.
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.
