N.Y. Comp. Codes R. & Regs. tit. 6 § 622.8

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

Section 622.8 - The pre-hearing conference

(a) A pre-hearing conference must be held when notice thereof, including the date, time and location, is provided in the notice of hearing. A pre-hearing conference will not be held when a proceeding is commenced by motion for an order without hearing in lieu of complaint. In any situation where provisional relief is imposed prior to the opportunity for a hearing or where respondent is entitled by law or regulation to a hearing within a stated period of time, a pre-hearing conference may only be held with the consent of respondent.

(b) The purpose of the pre-hearing conference is to resolve, define and clarify issues between the parties prior to the hearing. The parties may request that the matter be mediated pursuant to section 622.19 of this Part. No stenographic transcriptions or recordings of the conference will be made.

(c) Department staff and respondent must attend the pre-hearing conference. If an ALJ is not present at the pre-hearing conference, the parties may consult by conference call or in person with the Office of Hearings and Mediation Services. Attendance at the conference is mandatory, and failure to attend the pre-hearing conference constitutes a default and a waiver of the opportunity for a hearing if, at the time of the conference, respondent's time to answer has expired.

(d) If respondent fails to appear at the pre-hearing conference and an ALJ is present, department staff may request that a hearing record be opened at the time of the pre-hearing conference, note respondent's failure to appear and move for a default on the record and proceed with the hearing, if:

(1) department staff provided notice to respondent that failure to appear at the pre-hearing conference will constitute a default and a waiver of respondent's right to a hearing, and staff may proceed in respondent's absence; and

(2) respondent's time to answer has expired.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 622.8

Adopted New York State Register September 16, 2020/Volume XLII, Issue 37, eff. 9/16/2020