N.Y. Comp. Codes R. & Regs. tit. 12 § 326-1.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 326-1.5 - Investigation and hearing procedure

In any investigation or hearing conducted pursuant to the Workers' Compensation Law before the county medical society, or the workers' compensation committee of a county medical society, pertaining to the revocation or suspension of the authority of any physician or the revocation of the license for a compensation medical bureau or laboratory, the following rules of procedure shall apply:

(a) The accused physician, medical bureau or laboratory shall be given 30 days' notice in writing, containing a brief statement of the charge or charges against such physician, medical bureau or laboratory, and the time when and the place where such charge or charges will be heard. Such notice shall be served either personally or by mail. At least 10 days prior to the hearing date fixed in said notice, the accused physician, medical bureau or laboratory shall file an answer to such charges with the county medical society or the workers' compensation committee of a county medical society, as the case may be.

(b) At the hearing on such charge or charges, the accused physician, medical bureau or laboratory shall be entitled to be represented by counsel and to cross-examine witnesses. A verbatim record of the proceeding shall be made, and witnesses shall testify under oath.

(c) A copy of the record of the proceeding shall be submitted to the chair together with the report, findings and recommendation of the county medical society or of the workers' compensation committee of a county medical society, as the case may be.

(d) Simultaneously, the county medical society, or the workers' compensation committee of a county medical society, which heard such charge or charges, shall serve personally or by mail a copy of its report, findings and recommendation on the accused physician, medical bureau or laboratory.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 326-1.5