N.Y. Comp. Codes R. & Regs. tit. 18 § 519.11

Current through Register Vol. 46, No. 51, December 18, 2024

Section 519.11 - Scheduling and adjourning the hearing

(a) The hearing will be held at a time and in an office of the department which are convenient to the appellant, as far as practicable.

(b) Requests for adjournments of any scheduled hearing must be in writing and made as far in advance of the scheduled hearing date as practicable, upon notice to the opposing party. Adjournments will not be routinely given as hearing dates are considered dates certain. However, upon written request, an appellant or the department may have the hearing rescheduled to another date upon a showing of good cause. Claims of court engagement will require submission of a detailed affidavit of actual engagement and claims of illness will require medical documentation. Adjournments in contemplation of settlement will require the consent of both parties.

(c) During the course of a hearing, the hearing officer may adjourn the hearing when fundamental fairness would best be served by adjourning the hearing.

(d) Written requests to adjourn a hearing made prior to the date of the hearing must be made to the Bureau of Special Hearings in accordance with the instructions in the notice of hearing. Requests for adjournments made on the day of the hearing must be in writing to the hearing officer.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 519.11