N.Y. Comp. Codes R. & Regs. tit. 13 § 302.6

Current through Register Vol. 46, No. 43, October 23, 2024

Section 302.6 - Scheduling of arbitration hearings

(a) The arbitration shall be conducted as an oral hearing unless either party has requested a hearing on documents only and both parties agree to a documents only hearing; provided, however, that the parties may mutually agree in writing to change the mode of hearing. Upon such change, the parties shall notify the administrator who shall comply with the request and, where necessary, such request shall waive the 40 day limit in which a decision must be rendered.

(b) Within five days of the filing date, the administrator shall send the holder a copy of the lessee's completed "Request for Arbitration" form together with a notice that it may respond in writing. Such response shall be sent in triplicate, within 15 days of the filing date, to the administrator, who shall promptly forward a copy to the lessee and to the arbitrator.

(c) The lessee may respond in writing to the holder's submission within 25 days of the filing date. Such response shall be sent in triplicate to the administrator, who shall promptly forward a copy to the holder and to the arbitrator.

(d) An oral hearing, where appropriate, shall be scheduled no later than 35 days from the filing date, unless a later date is agreed to by both parties. The administrator shall notify both parties of the date, time and place of the hearing at least eight days prior to its scheduled date.

(e) Hearings shall be scheduled to accommodate, where possible, time-of-day needs of the lessee and the holder, including evening and weekend hours.

(f) Hearings shall also be scheduled to accommodate geographic needs of the lessee and the lessor. Regular hearing sites shall be established at locations designated by the administrator, including in the following areas: Albany, Binghamton, Buffalo, Nassau County, New York City, Plattsburgh, Poughkeepsie, Rochester, Suffolk County, Syracuse, Utica, Watertown and Westchester. No hearing site established by the administrator shall be discontinued without the approval of the Attorney General. In addition, where a regular site is more than 100 miles from the lessee's residence, a hearing must be scheduled at the request of the lessee at a location designated by the administrator within 100 miles of the lessee's residence.

(g) A party may present its case by telephone, provided that adequate advance notice is given to the administrator and the consent of the other party is obtained. In such cases, the arbitrator and both parties shall be included and the party requesting the telephonic hearing shall pay all costs associated therewith.

N.Y. Comp. Codes R. & Regs. Tit. 13 § 302.6