N.Y. Comp. Codes R. & Regs. tit. 9 § 133.15

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

Section 133.15 - [Effective until 4/2/2024] Responsibilities of the Administrative Law Judge

(a) The administrative law judge is responsible for scheduling and conducting all administrative hearings as set forth in this Part. The administrative law judge is in charge of reviewing the statement of charges and all motions filed under this Part, as well as issuing decisions after hearings and on motions.

(1) All administrative law judges shall be licensed to practice law and shall not serve in any other capacity within the office.

(2) For administrative and personnel purposes, the chief administrative law judge shall report directly to the office's Executive Director or the Executive Director's designee.

(b) The administrative law judge may take judicial notice of all facts of which judicial notice could be taken and of other facts within the specialized knowledge of the office. When official notice is taken of a material fact not appearing in the evidence in the record and of which judicial notice could not be taken, every party shall be given notice thereof and shall on timely request be afforded an opportunity prior to the decision to dispute the fact of its materiality.

(c) The administrative law judge shall conduct the hearing in a fair and impartial manner.

(d) The administrative law judge shall have the power to:

(1) rule upon requests, including all requests for adjournments;

(2) rule upon all requests, including all requests for a stay of an adjudicatory proceeding;

(3) set the time and place of the hearing;

(4) administer oaths and affirmations;

(5) issue subpoenas requiring the attendance and testimony of witnesses and the production of books, records, contracts, papers and other evidence;

(6) summon and examine witnesses, including the authority to direct a party, without necessity of subpoena, to appear and to testify;

(7) admit and exclude evidence;

(8) limit the number of times any witness may testify, repetitious examination or cross-examination, and the amount of corroborative or cumulative testimony;

(9) hear oral argument or direct written arguments on facts or law;

(10) order the parties to appear for a pre-hearing conference to consider matters which may simplify the issues or expedite the proceeding;

(11) order that opening statements be made; and

(12) take all measures necessary, but not otherwise prohibited by this Part, for the maintenance of order and the efficient conduct of the hearing and conduct the hearing in accordance with the requirements of due process.

(e) The administrative law judge shall not have the power to:

(1) remove testimony from the transcript by deletion, expungement or otherwise; and

(2) dismiss a notice of charges; and

(f) No administrative law judge may preside if they have an interest in or bias toward the subject matter of the proceeding, or a conflict of interest with respect to the parties. An administrative law judge shall recuse themselves from any case in which they believe that there is, or there may be perceived to be, a conflict of interest. Any party may file with the office a request for the removal of an administrative law judge, along with a supporting affidavit, on the grounds that the judge cannot render a fair and impartial decision in a particular case.

(g) Unless otherwise authorized by law, an administrative law judge shall not communicate in connection with any issue that relates in any way to the merits of an adjudicatory proceeding pending before the administrative law judge with any person except upon notice and opportunity for all parties to participate, except that an administrative law judge may consult on questions of law and ministerial matters with other administrative law judges and support staff of the office, provided that such other administrative law judges or support staff have not been engaged in investigative or prosecutorial functions in connection with the adjudicatory proceeding under consideration or a factually related adjudicatory proceeding or would not be disqualified pursuant to this section.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 133.15

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)