N.Y. Comp. Codes R. & Regs. tit. 15 § 124.1

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

Section 124.1 - General procedure; opening statement

(a) Hearings may be scheduled for times including, but not limited to, 8:30 a.m., 10:30 a.m., 1:00 p.m., 2:30 p.m. or 4:30 p.m. The motorist must present his or her summons and all driver's licenses to the clerk. Hearings scheduled for a specific time will be held as soon as practicable after the scheduled time and, where feasible, in the order in which the summonses are given to the clerk. The administrative law judge may vary the order on application showing good cause.

(b) At the beginning of each hearing calendar, the administrative law judge shall make an opening statement to all motorists informing them of hearing procedures and advising them of their rights. Such statement shall be given in such form as the director of administrative adjudication may prescribe and shall include information concerning the order in which the proceeding will be conducted; adjournments; the burden of proof on the people to prove the charge by clear and convincing evidence; the right to the assistance of counsel or other representative; the right to remain silent; the right to present evidence and witnesses in his or her own behalf; the right to cross-examine adverse witnesses; the right to appeal from an adverse determination; and such other matters as the director may prescribe.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.1