N.Y. Comp. Codes R. & Regs. tit. 9, § 6218.4
(d) The hearing officer shall make findings of fact and conclusions of law based on a preponderance of the evidence as to whether a violation has been established and, if so, who is guilty of such violation on notice to and with an opportunity for the individual or entity accused of any violations to be heard. However, if the hearing officer finds that on balance, the equities favor a dismissal of the complaint, the hearing officer shall dismiss the charges. In determining whether the equities favor a dismissal, the hearing officer shall consider the following factors:
(3) whether the subject of the complaint has a history of similar violations.
For purposes of making any such findings, proceedings before the hearing officer shall be governed by article 3 of the State Administrative Procedure Act and shall be made on a fair, equitable and uniform basis without regard to the status of the individual who is the subject of the report.