N.Y. Comp. Codes R. & Regs. tit. 18 § 434.8

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

Section 434.8 - Conduct of the hearing

(a) A hearing officer must preside at the hearing and must make all procedural rulings. He or she may make an opening statement describing the nature of the proceedings, the issues to be decided and the manner in which the hearing will be conducted.

(b) The hearing officer must exclude testimony or other evidence which is irrelevant or unduly repetitious.

(c) All testimony must be given under oath or affirmation unless the testimony is given by a young child who is unable to understand the meaning of oath or affirmation.

(d) Each party is entitled to be represented by an attorney or other representative of his or her choice, to have witnesses give testimony and to otherwise have relevant and material evidence presented on his or her behalf, to cross-examine opposing witnesses, to offer rebuttal evidence and to examine any document or item offered into evidence.

(e) Technical rules of evidence followed in a court of law will not apply but evidence introduced must be relevant and material.

(f) Copies of the documentary evidence which a social services official, the State Central Register of Child Abuse and Maltreatment or the Commission on Quality of Care for the Mentally Disabled plan to use at the hearing must be provided, if requested, to the appellant or his or her representative who has appropriate written authorization from the appellant for the examination, at a reasonable time before the date of the hearing and at a place accessible to the appellant or the appellant's representative.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 434.8