N.Y. Comp. Codes R. & Regs. tit. 5 § 13.9

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

Section 13.9 - Disclosure

(a)

(1) Upon the service of a notice of hearing, any party to the proceeding may demand in writing from any other party disclosure of any of the following, which such other party intends to introduce at the hearing:

(i) names of witnesses; however, a summary of the testimony to be given by the witnesses shall not be required to be disclosed;

(ii) a list of documentary evidence;

(iii) photocopies of documentary evidence listed in subparagraph (ii) of this paragraph in the possession of the party upon whom the demand has been made; and

(iv) a brief description of physical or other evidence which cannot be photocopied.

(2) The demand for disclosure shall be made at least 15 days prior to the first scheduled date of the hearing. At least seven days prior to the first scheduled date of the hearing, the party upon whom the demand has been made shall make the disclosure described in subparagraphs (1)(i) through (iv) of this subdivision or a statement that the party does not have anything to disclose. If, after such disclosure or statement, a party determines to present witnesses or introduce evidence not previously disclosed, the party shall disclose the same as soon as practicable.

(3) Upon application of any party, the hearing officer:

(i) upon good cause shown, may allow demands and responses within time periods other than those described in paragraph (2) of this subdivision;

(ii) shall allow a party not to disclose information or material protected by statutory or case law from disclosure;

(iii) upon good cause shown, may limit, condition or regulate the use by the party to whom disclosure is made of information or material disclosed; and

(iv) may preclude a party that unreasonably fails to respond to a timely demand for disclosure or to supplement its disclosure from introducing evidence or presenting witnesses not disclosed.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 13.9