N.Y. Comp. Codes R. & Regs. tit. 12 § 701.9

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

Section 701.9 - Conduct of hearing

(a) The hearing officer shall regulate the course of the hearing, set the time and place for continued hearings and fix the time for the filing of briefs and other documents.

(b) The hearing officer shall not be bound by technical rules of evidence or procedure. The hearing officer shall conduct the hearing in such order and manner as he or she deems appropriate to ascertain the substantial rights of the parties. All parties shall be accorded full opportunity to present evidence and written and oral argument, provided, however, that the hearing officer may exclude irrelevant or unduly repetitious evidence or cross-examination from any proceeding.

(c) All testimony shall be under oath or by affirmation, and a record of the proceeding shall be made.

(d) Any party may appear in person or be represented by an attorney. The hearing officer may examine the parties and their witnesses. Any party shall have the right to call witnesses and examine and cross-examine other parties and their witnesses.

(e) The hearing officer may in his discretion issue subpoenas in the name of the department, at the request of any party, requiring attendance and giving of testimony by witnesses and the production of books, papers, documents and other evidence. Any required fees shall be paid by the party requesting the subpoena. Nothing herein shall limit the authority of an attorney for a party to issue subpoenas pursuant to the Civil Practice Law and Rules of New York State.

(f) The hearing officer may direct the parties to appear and confer to consider the simplification or settlement of the issues by consent of the parties.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 701.9