N.Y. Comp. Codes R. & Regs. tit. 22 § 148.4

Current through Register Vol. 46, No. 36, September 4, 2024

Section 148.4 - Proceeding

(a) The administrative law judge shall designate a hearing officer to hear and report on the application.

(b) The hearing officer may receive such evidence and testimony as necessary to make a report on the merits of the application.

(c) Proceedings shall be recorded, either by electronic means or any other method designed to produce an accurate record or transcript of the proceedings.

(d) In recommending whether to issue a certificate of relief from disabilities, the hearing officer must consider the following factors:

(1) the circumstances underlying the initial determination of mental disability;

(2) the eligible individual's mental health and criminal history records; and

(3) the reputation of the eligible individual as developed through character witness statements, testimony, or other character evidence.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 148.4