N.Y. Comp. Codes R. & Regs. tit. 12 § 701.6

Current through Register Vol. 46, No. 15, April 10, 2024

Section 701.6 - Discovery

(a) Discovery as hereinafter described shall be permitted to an employer in any proceeding covered by this regulation, with the exclusion of hearings conducted pursuant to Labor Law Section 27-a, which are covered by 12 NYCRR 803.

(1) The documents to be discovered shall be limited to those which, as of the date of the discovery request, the department has in its possession and intends to introduce in the course of the proceeding.

(2) There shall be no depositions taken of potential witnesses prior to the hearing.

(b) A request for discovery of documents shall be made in writing to the individual representing the department in the proceeding, as set forth in the notice of hearing, with a copy sent to the individual designated to conduct the hearing, at least fourteen days prior to the date of the hearing.

(1) Requested documents which are discoverable shall be sent to the employer or its attorney, if applicable, at least seven days prior to the date of the hearing, unless due to the volume of documents being requested, the copying of such documents cannot be completed within such period.

(2) Where the documents cannot be provided within the above period, written notice of such shall be given to the requester, with a copy to the individual designated to conduct the hearing. Such notice shall state when the requested documents are expected to be provided and the reason(s) for the delay.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 701.6