N.Y. Comp. Codes R. & Regs. tit. 9 § 133.13

Current through Register Vol. 46, No. 25, June 18, 2024

Section 133.13 - [Effective until 4/2/2024] Disclosure

(a) There shall be no disclosure, including, but not limited to, bills of particulars, exchanges of documents and witness lists, depositions, interrogatories, discovery and requests for documents. An administrative law judge may not require disclosure. When the parties agree to any form of disclosure, the administrative law judge shall ensure that all parties proceed in accordance with the agreement of the parties. The administrative law judge shall not be bound by the rules of evidence observed by courts, except the rules of privilege recognized by law.

(b) Notice of hearing issued by the office.

(1) Upon application of any party, the administrative law judge:

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

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

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

N.Y. Comp. Codes R. & Regs. Tit. 9 § 133.13

Adopted New York State Register April 26, 2023/Volume XLV, Issue 17, eff. 4/6/2023 (Emergency)

Amended New York State Register August 16, 2023/Volume XLV, Issue 33, eff. 8/4/2023, exp. 12/4/2023 (Emergency)

Adopted New York State Register December 20, 2023/Volume XLV, Issue 51, eff. 12/4/2023, exp. 4/2/2024 (Emergency)