N.Y. Comp. Codes R. & Regs. tit. 18 § 343.7

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

Section 343.7 - Pleadings, depositions and discovery

(a) The pleadings in an enforcement action shall consist of the notice of hearing and answer.

(b) Neither formal discovery procedures nor formal procedures for bills of particulars shall apply. However, upon application of a facility, a more definite and detailed statement shall be furnished whenever the hearing officer finds that the statement of charges does not adequately apprise the facility of such charges. Any statement furnished shall be deemed, in all respects, to be part of the original notice of hearing. The hearing officer may grant additional time to respond to the notice of hearing when a motion for a more definite and detailed statement has been granted.

(c) Disclosure of evidence by deposition of a party to the hearing or the officer, director, member, agent or employee of a party, prior to the hearing shall not be permitted, except where the hearing officer determines that special circumstances, as set forth in section 3101(a)(3) of the New York Civil Practice Law and Rules, require the taking of testimony by deposition.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 343.7