Where a description of the person who was seen cutting the safety line of a scaffold allegedly from a window in petitioner's tenth floor apartment was first given at the hearing on the charges against petitioner, it was improvident for the Hearing Officer to grant respondents' motion to conform the charge of non-desirability to the proof so as to shift the burden of proof to petitioner. Moreover, respondents' determination states that it is based, inter alia, upon...
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