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1. What should I expect during an investigation?

Complaints are filed with the Department of Consumer Affairs by consumers, usually after attempts to resolve a dispute are not successful. Consumer Protection Investigators or Weights and Measures Inspectors gather facts and relevant documents, determine whether a complaint is valid, attempt to mediate a resolution, and may issue a violation(s) if warranted. An Administrative Hearing will be scheduled for the Respondent (contractor or merchant) to offer a defense to any violation issued. Prior to a hearing, the respondent and the Consumer Protection Investigator or the Weights & Measures Inspector, may negotiate a settlement of the violation fines, and a resolution of the consumer complaint, which will be set forth in a Stipulation of Settlement, signed by the Respondent and the Department of Consumer Affairs, and, if required, by the Consumer.

2. What Should I expect at a Violation Hearing?

The Administrative Hearing will be held at the Department of Consumer Affairs. The hearings are administrative hearings held pursuant to the Nassau County Administrative Code. The respondent appears at the hearing, with or without legal counsel, and at the discretion of the Hearing Officer, other witnesses may offer evidence or explanations on behalf of the Respondent or Consumer Affairs. All parties will be sworn in (or affirmed) by the Hearing Officer prior to offering testimony. The consumer is normally not present at the hearing unless the Investigator or Inspector requests their presence, to establish the grounds for the issued violation. The Investigator or Inspector will submit evidence and testimony in support of the violation issued. The Respondent may submit evidence and testimony in support of their defense to the violation. The Hearing Officer keeps the record of the hearing, and a court stenographer may transcribe the testimony. At the conclusion of the hearing, the Hearing Officer weighs the evidence and the credibility of the arguments, and may reserve decision or immediately issue a decision, constituting an Administrative Order of the Department of Consumer Affairs. 

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

Pursuant to the Nassau County Administrative Code, Respondents are entitled to at least ten days’ notice of the date of a hearing. Respondents may be represented by legal counsel, but legal representation is not required. The Hearing Officer sets the ground rules for the hearing and may exercise discretion as to what evidence will be allowed, and the order of the presentation of the issues and evidence, by both sides. The contact information for the court stenographer, will be set forth in the Administrative Order, should the Respondent want to order a transcript of the hearing, at their own expense. 

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

If an Administrative Hearing is held, the Administrative Order may direct the Respondent to pay fines for violations and/or fulfill certain conditions imposed by the Administrative Hearing Officer.  The licensed contractor or merchant may be noticed for a License Suspension or License Revocation Hearing. The case may also be referred to the District Attorney’s Office for possible criminal prosecution.

5. What are my rights to appeal?

The Respondent may appeal the Hearing Officer’s Administrative Order by filing an Article 78 Proceeding in New York Supreme Court, County of Nassau. The deadline for filing the proceeding is four months from the date of the Administrative Order.