Hearing Rules Governing Suspension and Revocation of Handgun Licenses, Rifle/Shotgun Permits, Dealer's, Gunsmith's and Manufacturer's Licenses, Organization Registration Certificates and Special Patrolman Designations

RCNY tit. 38, ch. 15, subch. C

in effect

38 RCNY § 15-21 Definitions.

§ 15-21 Definitions. Department. The term "Department" shall mean the New York City Police Department. Handgun. The term "handgun" shall mean a pistol or revolver. Hearing Officer. The term "Hearing Officer" shall mean an individual designated by the Police Commissioner to preside over hearings pertaining to suspension and revocation of handgun licenses, rifle/shotgun permits, dealer's, gunsmith's and manufacturer's licenses, organization registration certificates and special patrolman designations. License. The term "License" shall mean a license or permit to possess handguns or rifles/shotguns, or to conduct business as a dealer, gunsmith or manufacturer, or the registration certificate allowing organizations to possess rifles or shotguns, or the granting of special patrolman designation. License Division. The term "License Division" shall mean the New York City Police Department License Division. Licensee. The term "Licensee" shall mean any person, business, organization or governmental agency which is requesting a hearing to contest a decision made by the Department regarding an individual license, permit or certificate. Party. The term "Party" shall mean the Department or any licensee involved in a hearing. Revocation. The term "Revocation" shall mean removal of a license and privilege to possess a handgun or rifle/shotgun and/or be designated a special patrolman, or to conduct business as a dealer, gunsmith, or manufacturer, or to possess rifles or shotguns as an organization. Special Patrolman. The term "Special Patrolman" shall mean an individual who has been granted a designation as Special Patrolman by the Police Commissioner pursuant to New York City Administrative Code § 14-106. Suspension. The term "Suspension" shall mean temporary removal of a license and privilege to possess a handgun or rifle/shotgun and/or be designated a Special Patrolman, or to conduct business as a dealer, gunsmith, or manufacturer, or to possess rifles or shotguns as an organization.

38 RCNY § 15-22 Commencement of Proceedings.

§ 15-22 Commencement of Proceedings. (a) Entitlement to a Hearing. A licensee shall be entitled to submit a written request for a hearing following issuance of a Notice of Determination Letter notifying the licensee of suspension or revocation of a license and the opportunity for a hearing. (b) Scheduling of Hearings. A licensee who wishes to request a hearing relating to a suspension or revocation shall submit a written request to the Commanding Officer, License Division, following the issuance of a Notice of Determination Letter, within ninety (90) calendar days of the date on the Notice of Determination Letter. A licensee whose arrest or summons resulted in suspension or revocation of her/his license may only submit a written request for a hearing within ninety (90) calendar days after the termination of the criminal action, as defined in New York State Criminal Procedure Law § 1.20(16)(c). If the suspension or revocation resulted from the licensee becoming the subject of an order of protection or a temporary order of protection, the licensee may only submit a written request for a hearing within ninety (90) calendar days after the expiration or voiding of the order of protection or temporary order of protection. If the suspension or revocation was related to both a criminal action and an order of protection or temporary order of protection, then the later of the two waiting periods shall apply. The License Division shall schedule a hearing within a reasonable time of receipt of the request. (c) Notice of Hearing. A licensee shall receive notification of the date, time and place of the hearing by regular and/or electronic mail addressed to the licensee's last known address. Additionally, a licensee's New York State licensed attorney shall receive notification, if the attorney has filed an appearance with the Department. (Amended City Record 12/6/2024, eff. 1/5/2025)

38 RCNY § 15-23 Proceedings upon Default.

§ 15-23 Proceedings upon Default. (a) Failure to Appear. (1) Upon a licensee's failure to appear at a license suspension or revocation hearing, or any adjournment thereof, without good cause, it shall be deemed that the licensee does not contest the issues underlying the suspension or revocation of the license. The Hearing Officer may recommend the suspension or revocation of the license and/or may proceed to take testimony with regard to the merits of the case. (2) Notice of Default. The parties shall be notified of the Hearing Officer's declaration of default. (3) Application to Vacate Default. An application for a rehearing and stay of default may be made within 20 calendar days of the date of the notification of default/hearing results. Such application shall be made to the Hearing Officer and may be granted upon a showing of good cause.

38 RCNY § 15-24 Adjournments.

§ 15-24 Adjournments. (a) A request for an adjournment shall be made at least 72 hours prior to the date of the hearing. An adjournment shall not be granted except for good cause shown. (b) (1) If an adjournment is granted, the adjourned hearing date may be marked final against the licensee requesting the adjournment. (2) Attorneys requesting an adjournment because of a conflicting engagement shall submit an Affirmation of Actual Engagement, setting forth the name of the court, case, and date and time of the proceedings.

38 RCNY § 15-25 Evidence.

§ 15-25 Evidence. (a) Evidence. (1) Parties shall have the right to call witnesses, conduct examinations and cross-examinations, to present evidence, and make objections, motions and arguments. (2) The rules of evidence governing proceedings in the courts of this State shall not be strictly enforced at hearings. Objections shall be timely and the basis for the objection shall be clearly stated. (3) The introduction of cumulative or irrelevant evidence shall be avoided. The Hearing Officer may curtail the testimony of any witness which is deemed to be cumulative or irrelevant. (4) Parties may stipulate to facts involved in the proceedings. Stipulations shall be noted on the record and shall be approved by the Hearing Officer. (b) Requests for Records. Licensees or their New York State licensed attorneys may request copies of records at least three weeks in advance of the date of the hearing. Documents shall not be provided in response to such request where: (1) the documents are privileged or confidential pursuant to law or rule, or (2) where disclosure of the documents would reveal investigative techniques, would impair active investigations or judicial proceedings, would constitute an unwarranted invasion of privacy, or would endanger the life or safety of any person. (c) Oral Argument. Oral argument may be curtailed or limited, in the Hearing Officer's discretion, and shall be included in the record.

38 RCNY § 15-26 Hearing Officers and Representation of Parties.

§ 15-26 Hearing Officers and Representation of Parties. (a) Hearing Officer. (1) The Hearing Officer shall serve both as impartial examiner and impartial judge and shall have the duty to conduct fair and impartial hearings, to take all necessary action to avoid delay in the disposition of the proceedings, and to maintain order. It shall be the duty of a Hearing Officer to inquire fully into all matters at issue and to obtain a full and complete record. The Hearing Officer shall write a Hearing Report which includes a recommended disposition. A Hearing Officer's duties shall be restricted to adjudication and related matters. (2) The Hearing Officer shall have all powers necessary to conduct a hearing, including the power to administer oaths and affirmations, rule upon offers of proof, receive evidence, regulate the course of hearings and the conduct of the parties and their counsel and to hold conferences, both on and off the record, for settlements, simplification of issues, or any other proper purposes. (b) Prosecuting Attorney. An attorney designated by the Department's Legal Bureau may act as prosecutor to present the Department's case. (c) Representation of Licensees. Licensees may be represented by an attorney who is a member in good standing of the Bar of the State of New York.

38 RCNY § 15-27 Conduct of Hearings.

§ 15-27 Conduct of Hearings. (a) Public Access to Hearings. Hearings are generally open to the public. If good cause is shown by either party, the Hearing Officer may exclude the public from a particular hearing or portion of a hearing. Additionally, the public may be excluded at the Hearing Officer's discretion. (b) General Provisions. (1) The Hearing Officer shall rule upon matters of procedure and introduction of evidence and shall conduct the hearing in such manner as will best serve the attainment of justice. (2) Licensees shall appear and testify at the hearing. They may submit evidence relevant to the matter under consideration. If a licensee fails to testify an adverse inference may be drawn against him or her by the Hearing Officer. (3) Any licensee desiring to subpoena a witness, document or other evidence may do so in the manner provided for in the New York Civil Practice Law and Rules. The Hearing Officer shall issue administrative subpoenas to necessary individuals and may issue administrative subpoenas upon request by a party. (4) No ex parte communications relating to other than ministerial matters regarding a proceeding shall be received by a Hearing Officer, including internal agency directives not published as rules. (c) Disposition by Settlement. Informal disposition may be made of any matter which is the subject of an adjudication by means of stipulation, agreed settlement or consent order. (d) Transcripts. Audio of all hearings shall be recorded. A transcript of the hearing may be ordered by any party to the hearing. The transcript shall be provided upon payment of reasonable transcription costs. (Amended City Record 12/6/2024, eff. 1/5/2025)

38 RCNY § 15-28 Hearing Officer's Report and Recommendation.

§ 15-28 Hearing Officer's Report and Recommendation. (a) After the conclusion of the hearing, the Hearing Officer shall prepare a written hearing report and recommended disposition. The report shall include a statement of the issues, findings of fact, and conclusions of law, as well as the reasons and basis therefor. Findings of fact shall be based exclusively upon all the material issues of fact and law presented in the record. The Director, License Division shall review the report and recommendation and make a final determination. S/he may approve the recommendation or modify the findings or the penalty consistent with the record. (b) Licensees shall receive a copy of the Hearing Officer's report and the Director's final determination, by regular and/or electronic mail, within a reasonable time after the conclusion of the hearing. (Amended City Record 12/6/2024, eff. 1/5/2025)

38 RCNY § 15-29 Penalties.

§ 15-29 Penalties. Appropriate penalties may be imposed upon a licensee including suspension or revocation of the license.

38 RCNY § 15-30 Appeals. [Repealed]

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-78236Fetched: 10/24/2026