N.Y. Comp. Codes R. & Regs. tit. 9 § 479.8
Current through Register Vol. 46, No. 51, December 18, 2024
(a) At a hearing, the accused member shall have the right to be represented by counsel of his choice.(b) The presiding hearing officer shall conduct the hearing and shall make all rulings upon the submission of evidence and motions.(c) The decision of the hearing boarrd shall be the result of a majority vote and shall be expressed in written findings and recommendations, without reference to, or recording of the voting and without inclusion of a dissenting opinion. The hearing board shall make an independent decision and shall not be bound by any prior determination or recommendation.(d) After the hearing board has concluded its deliberations and has submitted its findings, conclusions, and recommendations, in writing, to the superintendent, all officers of the hearing board shall refrain from any discussion of any fact or matter arising at the hearing or in the deliberations of the hearing board, unless the superintendent or counsel for the parties consult them in their capacity as officers of the hearing board.(e) The accused shall be confronted by the witnesses against him, given a reasonable opportunity to hear their statements under oath and to cross-examine them, in person or by counsel.(f) The defense counsel shall have an opportunity and shall be granted a reasonable time to obtain witnesses and other evidence necessary to a proper defense of the accused. Such reasonable time for such defense preparation should not extend the commencement of the hearing beyond 30 days.(g) The hearing should be conducted in continuous sessions to a conclusion without adjournments, except at the discretion of the presiding hearing officer for an unusual cause beyond the control of the participants.(h) The testimony at the hearing shall be recorded.(i) At the conclusion of the hearing, the accused member may request to have the findings and recommendations of the hearing board submitted to the superintendent for his approval, and he may request to have the final decision of the superintendent rendered without the transcript of testimony. Such request shall be on-the-record and in writing, and it shall be restricted to a waiver of the requirement that the transcript of testimony be available to the superintendent before his final decision. If such accused member should subsequently petition for judicial review of the superintendent's decision, under article 78 of the Civil Practice Law and Rules (CPLR), he shall be furnished with a copy of the transcript of the testimony.(j) On completion of the hearing, the charges, reports, record of proceedings (if transcribed) and the disposition of the hearing shall be filed as a permanent part of the personnel record of the accused member.N.Y. Comp. Codes R. & Regs. Tit. 9 § 479.8