N.Y. Comp. Codes R. & Regs. tit. 12 § 701.8

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

Section 701.8 - Recusal of hearing officer

(a) The party requesting recusal of the individual designated to conduct the hearing must submit a written request to the Commissioner of Labor, with a copy to be sent to the individual representing the Department of Labor in the proceeding, at the address set forth in the notice of hearing.

(b) The request for recusal must be made within fifteen days after the receipt of the notice of hearing, or ten days prior to the date of the hearing, whichever is earlier.

(c) The request shall include the specific basis for the application for recusal and a statement setting forth why recusal would be proper under the circumstances.

(d) The Commissioner shall respond in writing to any request for recusal within five working days of receipt of the request. Where recusal is denied, the Commissioner shall set forth the reasons for such denial.

(e) Grounds for recusal shall be limited to an actual conflict of interest or an appearance of impropriety which is of such seriousness that it would prevent fair and impartial adjudication of the issues.

(f) A hearing officer may recuse himself on his own motion at any time in the course of the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 701.8