N.Y. Comp. Codes R. & Regs. tit. 9 § 581-4.11

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

Section 581-4.11 - Evidence

(a) The rules of evidence shall not be strictly applied; provided, however, the hearing officer will exclude irrelevant, immaterial or unduly repetitious evidence and must give effect to the rules of privilege or confidentiality recognized by law.

(b) All parties shall have a fair opportunity to present their evidence, to cross-examine witnesses, and to make opening and closing statements.

(c) Each witness shall, before testifying, be sworn or make affirmation. Pre- filed written testimony may be presented by any party with permission of and subject to the discretion of the hearing officer or may be required upon motion of any party by written directive of the hearing officer. Such permission shall be freely granted in the interest of expediting the proceeding. Pre-filed testimony shall be sworn to by the witness and subject to cross-examination.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 581-4.11