N.Y. Comp. Codes R. & Regs. tit. 9 § 580.8

Current through Register Vol. 46, No. 38, September 18, 2024

Section 580.8 - Selection of hearing officer

(a) The agency shall select a hearing officer as early as possible following its determination to hold a hearing. The hearing officer shall make full disclosure, as part of the record, of all information he deems relevant to the issue of bias or other disqualification.

(b) Any issue concerning the qualification of the hearing officer shall be resolved in a pre-hearing conference if possible. All parties shall be given sufficient opportunity to challenge his designation by filing the affidavit referred to in section 303 of the State Administrative Procedure Act with the executive director, on notice to the hearing officer and the other parties.

(c) Upon receipt of a copy of the affidavit, the hearing officer and the other parties to the hearing may submit responding similar affidavits concerning bias or disqualification. Failure to do so will be considered to mean that the selection of the hearing officer is acceptable to the party.

(d) The executive director shall decide the challenge within two business days of receipt of the affidavit and any responding affidavits. If he deems the challenging affidavit insufficient, he may either allow the party filing it to submit further written evidence, or he may order that the proceedings continue.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 580.8