N.Y. Comp. Codes R. & Regs. tit. 12 § 300.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 300.9 - Conduct of hearings

(a) All hearings and proceedings shall be conducted in an orderly manner in order to ascertain the substantial rights of the parties. All parties and participants in any hearing or proceeding shall maintain a civil, respectful and professional demeanor when appearing before the board or when conducting depositions relative to a claim and comply with the Standards of Civility adopted by the board. Parties and participants who are disrespectful or disruptive in any hearing or proceeding, so as to interfere with the orderly conduct of the hearing or proceeding, will be removed so the hearing or proceeding may continue in an orderly manner.

(b) All witnesses shall testify under oath (or by affirmation). The board and Workers' Compensation Law Judges may examine and cross-examine all parties and witnesses at any hearing or proceeding. The board shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure.

(c) The board shall keep a verbatim record of all hearings and proceedings. No other record shall be allowed. The board will maintain in its case file a copy of the verbatim record it prepared in a readable, viewable or audible format. No other record of a hearing or proceeding in a readable, viewable or audible format shall be allowed.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 300.9