N.Y. Comp. Codes R. & Regs. tit. 5 § 103.9

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

Section 103.9 - Evidence

(a) Irrelevant or unduly repetitious evidence may be excluded. Every decision, determination or order shall be founded upon a preponderance of reliable and probative evidence based on the entire record. The hearing officer shall not be bound by the technical rules of evidence. Objections to evidentiary offers may be made and shall be noted in the record. For the purpose of expediting the hearing, and when the interests of parties will not be substantially prejudiced thereby, all or part of the evidence may be submitted in written form. All testimony, written or oral, shall be sworn testimony.

(b) All evidence, including records and documents in the possession of the board, of which it desires to avail itself, shall be offered and made a part of the record, and all such documentary evidence may be received in the form of copies of excerpts, or by incorporation by reference. In cases of incorporation by reference, the materials so incorporated shall be available for examination by the parties before being received in evidence.

(c) A party shall have the right of cross-examination.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 103.9