N.Y. Comp. Codes R. & Regs. tit. 18 § 434.9

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

Section 434.9 - The record

(a) The record of the hearing, including the recommendations of the hearing officer, is confidential, but the record may be examined by either party or their representatives at a place accessible to them and at a reasonable time.

(b) The record must include:

(1) all notices, intermediate rulings and all records maintained in the State Central Register of Child Abuse and Maltreatment;

(2) the transcript or recording of the hearing and the exhibits received into evidence;

(3) matters officially noticed;

(4) questions and offers of proof, objections thereto and rulings thereon;

(5) proposed findings and exceptions, if any;

(6) any report rendered by the hearing officer;

(7) any request for disqualification of a hearing officer; and

(8) the hearing decision.

(c) The forms and documents contained in the State Central Register of Child Abuse and Maltreatment relating to an indicated report of child abuse or maltreatment are admissible into evidence at the hearing. A certification by the director of the State Central Register of Child Abuse and Maltreatment or his or her designee that the forms and documents are true and accurate copies of the complete record of the indicated report of child abuse or maltreatment at issue, and that the State Central Register of Child Abuse and Maltreatment is required by law to receive reports of alleged child abuse and maltreatment, is prima facie evidence that such forms and documents comprise the complete record of the indicated report of child abuse or maltreatment at issue. Such forms and documents must be admitted into evidence upon the submission of the required certification to the hearing officer. The admission of such forms and documents must be for the purpose of showing that the forms and documents are those presently maintained at the State Central Register of Child Abuse and Maltreatment in relation to the indicated report of child abuse or maltreatment at issue in the hearing. The admission of such forms and documents will be without regard to the truth or falsity of the contents of any such forms and documents and no implication as to the truth or falsity of the contents of any such forms or documents may be made by the hearing officer solely on the basis of such forms or documents having been admitted into evidence pursuant to this subdivision. Nothing in this subdivision will be construed to require the State Central Register of Child Abuse and Maltreatment to submit into evidence forms and documents not maintained by or at the State Central Register of Child Abuse and Maltreatment at the time of the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 434.9