N.Y. Comp. Codes R. & Regs. tit. 17 § 505.9

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

Section 505.9 - Conduct of hearing

(a) At the hearing the respondent or its designated representative may admit or deny any allegation made in the notice of violation. Any matter which has been stipulated to or admitted on the open record by the respondent shall be deemed proven. Failure to respond to any allegation shall be deemed a denial of such allegation and under no circumstances shall the respondent be compelled to testify.

(b) The department shall have the burden of establishing a respondent's guilt by clear and convincing evidence. Testimony shall be given under oath or affirmation. The presiding officer shall have the discretion to exclude any individual from the hearing, other than a party or the representative of a party, for good cause shown. The presiding officer may also admit any relevant evidence in addition to oral testimony. Any witness may be questioned and/or cross-examined by the presiding officer or any party or representative of a party.

(c) At the conclusion of all proceedings necessary to determine whether the respondent has violated any of the provisions of the Transportation Law or the rules, regulations or orders promulgated pursuant thereto, the presiding officer may either render or reserve decision. At such time, the presiding officer may advise all parties that, for the sole purpose of establishing an appropriate penalty, any party may offer any relevant comments or testimony regarding respondent's prior record or other mitigating facts.

(d) If the decision of the presiding officer is reserved, a written determination on the notice of violation, specifying the findings of fact and conclusions of law, shall be served by first-class mail or electronically on the parties and their representatives, if any.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 505.9

Amended New York State Register February 1, 2017/Volume XXXIX, Issue 05, eff. 2/1/2017