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1. What should I expect during an investigation?

Complaints are filed with the Office of Consumer Affairs by disgruntled consumers, usually after all attempts to resolve a dispute are exhausted. Office of Consumer Affairs investigators gather facts and relevant documents from both sides, determine whether a complaint is valid, mediate a solution, issue a violation, and schedule an administrative hearing where necessary.

2. What Should I expect at a Violation Hearing?

After a violation is issued, a hearing is scheduled at the Office of Consumer Affairs. The respondent appears at the hearing, with or without legal counsel and, where permitted at the discretion of the hearing officer, other relevant parties that can offer evidence or explanation on behalf of the respondent. The complaining consumer is not present at the hearing. The hearing officer keeps the record of the hearing and no verbatim recording is conducted in the hearing room. The consumer complaint is presented by the Investigator from the Office assigned to the complaint. After the presentation of the complaint by the Investigator, the respondent then offers evidence to refute or mitigate the facts presented. The Investigator also explains why a violation was issued and the legal basis of the violation.

At the conclusion of the hearing, the hearing officer weighs the evidence and credibility of the arguments and has several options for a decision. The hearing officer will decide whether a legal violation has occurred, whether to assess a fine and the amount, memorialize any settlement agreements that may have been concluded during the hearing, order restitution by a respondent to redress a grievance, or order the suspension of a license or registration.

3. What are the legal rights of respondents in hearings?

The hearings held at the Office of Consumer Affairs are administrative hearings held pursuant to the Nassau County Administrative Code. Respondents are entitled to at least ten days notice of a hearing and may be represented by legal counsel at the hearing.

The hearing officer sets the ground rules for the hearing and may exercise discretion in what types of evidence will be allowed, who may be present to assist a respondent (but an attorney is always permitted if desired), and the order and conduct of the presentation of the issues and evidence by both sides. A hearing officer may create a settlement where appropriate during the hearing or issue a decision constituting an order of the Office of Consumer Affairs at the conclusion of the hearing.

4. What are the possible outcomes of a violation hearing?

-Mediation
-Redress orders
-Work
-Money
-Violations subject to imposition of fines
-Licensed Contractors
-Suspend license
-Revoke license
-Complaint record reflecting problems reported to inquiring consumers
-Criminal referral
-Referral to other interested jurisdictions or agencies.