N.Y. Comp. Codes R. & Regs. tit. 16 § 12.8

Current through Register Vol. 46, No. 36, September 4, 2024

Section 12.8 - Powers and duties of hearing officers and reviewers

(a) Informal hearing officers and reviewers shall conduct fair and impartial hearings or reviews, and may, in carrying out this responsibility:

(1)

(i) Order utilities to provide copies of information in their possession and state the form in which certain information is to be provided.

(ii) Request customers to provide information in their possession which is necessary to prove any facts that the customer offers in support of his or her position. The customer's failure to provide any such information may influence the hearing officer's decision regarding that particular fact.

(2) Order the utility to conduct meter tests and inspections, diversion of service inspections and other tests necessary for the resolution of the complaint.

(3) Regulate the course of hearings and the conduct of the parties and their representatives. In executing this responsibility, the hearing officer may allow the attendance of the media if he or she believes that this will not disrupt the hearing, and parties agree to such attendance.

(4) Question participants directly and inquire into all matters related to the case.

(b) Informal hearing officers and reviewers shall provide a party with any information regarding the merits of the case exchanged between the hearing officer and any other party, and an opportunity to respond to the hearing officer regarding such information.

(c) The hearing officer may permit any party to submit further information, documentation or arguments that may aid the officer in reaching a determination within 15 days after an informal hearing. The hearing officer shall ensure that this information is provided to the other party, who will have an opportunity to respond. The hearing officer may grant reasonable requests to extend the time period to submit information.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 12.8