N.Y. Comp. Codes R. & Regs. tit. 15 § 124.5

Current through Register Vol. 46, No. 22, May 29, 2024

Section 124.5 - Rules of evidence

(a) The rules governing receipt of evidence in a court of law shall not apply in hearings except as provided by this section.

(b) On the merits of the charge, and whether or not a party objects, the administrative law judge shall exclude from consideration the following:

(1) a privileged communication;

(2) evidence which, for constitutional reasons, would not be admissible if the case were tried in the court which has concurrent jurisdiction with the bureau over such case; provided however, the provisions of this paragraph shall not apply to business records admissible under Civil Practice Law and Rules section 4518 in a proceeding in which such rule applies;

(3) evidence of prior misconduct, incompetency or illness, except where such evidence would be admissible if the case were tried in the court which has concurrent jurisdiction with the bureau over such case;

(4) evidence which is irrelevant or immaterial.

(c) No negative inference shall be drawn from the motorist's exercising the right not to testify.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.5