N.Y. Comp. Codes R. & Regs. tit. 12 § 463.2

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

Section 463.2 - Conduct of appeal

(a) The board shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure but may conduct the appeal and any hearing thereon in such order and manner and with such methods of proof and interrogation as it deems best suited to ascertain the substantial rights of the parties.

(b) The board may decide any case appealed to it on the basis of the record and of evidence previously submitted in such case or, in its discretion, may hear argument or hold a further hearing. No member of the board shall participate in a hearing or decision of any appeal in which the member has an interest. Challenges as to the interest of any member shall be decided by the other members of the board.

(c) In the interest of the speedy administration of justice and without prejudice to the substantial rights of any party and for good cause shown and in the discretion of the board, any issue in a case or any other issue related thereto may be heard and decided though not specifically indicated in the notice of appeal or notice of hearing. However, the board must set forth on the record its reason for such action. The board must inform the parties of its intention to consider a new basis for denying or granting benefits, or to consider an issue not specifically indicated in the notice of hearing. The board must inform the parties of their rights in this regard and must accord them an opportunity to request an adjournment to adequately prepare for such new basis or issue.

(d) The board may sever an appeal or may consolidate two or more appeals where the interests of justice will be served and where there will be no prejudice to the substantial rights of any party.

(e) The board shall transmit copies of papers submitted to it by parties in connection with appeals to the other parties, where it appears to the board that such papers have not already been served on the other parties. Any such party may respond thereto in writing within 12 days. Extensions of this time limit are subject to the provisions of section 463.1 of this Part. Copies of any response received will also be provided to opposing parties by the board, where it appears to the board that the papers have not been served on the other parties. Evidence supplemental to that introduced at the board or administrative law judge hearing shall not be considered or relied upon by the board except upon the consent of all parties to the appeal.

(f) At any stage of an appeal the board may remand the case for such purpose as it may direct to an administrative law judge designated by the chief administrative law judge. Such a remanded case shall be placed promptly upon the administrative law judge's calendar for hearing.

(g) Information from the department records and the appeal file shall be made available by the commissioner and by the board to parties on the appeal or their representatives for the necessary preparation or presentation of the appeal.

(h) In the interest of justice and without prejudice to the substantial rights of any party, and upon good cause shown, the board, on its own motion or on application duly made to it, in its discretion, may excuse a default of a party at any stage of a case or appeal. A party who shows good cause for the default shall be entitled to consideration of the case or appeal as if no default had occurred.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 463.2