N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-3.7

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

Section 82-3.7 - Pre-Hearing Conference

(a) The hearing officer shall contact the parties and in the case of a standard or expedited §3020-a hearing, shall hold a pre-hearing conference within 10 to 15 days of receipt of notice from the Commissioner confirming his or her acceptance of a selection to serve as a hearing officer. In the case of expedited hearing pursuant to Education Law §3020-b for two (2) consecutive ineffective composite or overall APPR ratings, the hearing officer shall hold a pre-hearing conference within seven (7) days of receipt of notice from the Commissioner confirming his or her acceptance of a selection to serve as a hearing officer. In the case of an expedited hearing pursuant to Education Law §3020-b for three (3) consecutive ineffective composite or overall annual professional performance review ratings, the hearing officer shall hold a pre-hearing conference no later than five (5) days of receipt of notice from the Commissioner confirming his or her acceptance of a selection to serve as a hearing officer.

(b) The pre-hearing conference shall be private and shall be limited to one day except the hearing officer, in his or her discretion, may allow one additional day for good cause shown.

(c) At the pre-hearing conference, the hearing officer shall have the power to:

(1) issue subpoenas for both parties;

(2) hear and decide motions and applications made by either party, provided that any motion or application to dismiss the charges or to amend or consolidate the charges, is made on written notice to the adverse party no later than five (5) days before the pre-hearing conference; except for expedited hearings conducted pursuant to Education Law §§3020-a and 3020-b, written notice to the adverse party shall be made no later than two (2) days before the pre-hearing conference; and

(3) set a schedule for full and fair disclosure of witnesses and evidence for both parties; including but not limited to:

(i) bills of particular; and

(ii) requests for production of relevant and material evidence and information, including, witness statements, investigatory statements or notes, exculpatory evidence, or any other evidence, including district or student records.

(4) At the pre-hearing conference, the hearing officer shall set a schedule for the hearing, including the location, time(s) and date(s) for the final hearing to ensure that:

(i) where the hearing is anticipated to last more than one day, the days scheduled for the hearing are consecutive to the extent practical;

(ii) the hearing is completed within the applicable timelines specified in section 3020-a or 3020-b of the Education Law; and

(iii) there is an equitable distribution of hearing days between the board and the employee.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-3.7

Adopted New York State Register December 2, 2015/Volume XXXVII, Issue 48, eff. 12/2/2015