N.Y. Comp. Codes R. & Regs. tit. 9 § 479.7

Current through Register Vol. 46, No. 51, December 18, 2024

Section 479.7 - Hearing board

(a) Hearings upon charges against an accused member will be conducted by a hearing board consisting of three commissioned officers designated by the superintendent.

(b) The presiding hearing officer, who shall be of the rank of staff inspector or above, and one other officer with a field assignment shall be named and designated by the superintendent.

(c) The third officer of the board may be named by the certified or recognized employee representative organization of any accused member and, if available, he will be designated by the superintendent. If the accused member is a commissioned officer, the designated third officer of the board shall be of equal or higher rank than that of the accused member.

(d) If, after designation as a member of a hearing board, any officer feels constrained to disqualify himself for cause, he shall so advise the superintendent and the superintendent may then designate a replacement.

(e) After designation, and prior to the hearing, designated hearing board officers shall refrain from acquainting themselves with any facts or circumstances involving the accused member or the subject matter of the hearing, except to review the pleadings.

(f) The members of the hearing board shall have no ex parte communications regarding the subject of the hearing with division counsel, division counsel staff, the accused member's attorney, or the member's union representative during the hearing. If the presiding officer wishes to consult with division counsel during the hearing, the communication shall be made in the presence of the assigned division attorney, the accused member's attorney, and the member's union representative. The assigned division attorney, the member's attorney, and the member's union representative may not participate in any discussion between the presiding officer and the division counsel.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 479.7