N.Y. Comp. Codes R. & Regs. tit. 6 § 674.4

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

Section 674.4 - Hearing participation

(a) Participation in the hearing may be limited or as a party. Limited participation means the presentation of a statement. Party status involves the presentation of a statement, sponsoring of witnesses and the questioning of the witnesses of other parties.

(b) To obtain party status a person must file, in writing and by the date set in the notice of hearing, a statement of position which identifies the nature of the argument, evidence, and witnesses which the person intends to present, and any other matter believed relevant.

(c) If a sufficient filing is not made, the ALJ has discretion to limit participation or require additional information from the filer. The ALJ may also limit the participation of a party to those areas in which his expertise would prove beneficial to the development of a factual record.

(d) The ALJ may allow any person meeting the requirements of subdivision (b) of this section to participate at any time during the hearing if it is shown that good cause exists for failure to file on time, that no other person will be unreasonably disadvantaged or otherwise prejudiced and that the person's participation will materially contribute to a complete record.

(e) There shall be no appeals from the decisions of the ALJ with respect to party status or the extent of participation by any person or party.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 674.4