N.Y. Comp. Codes R. & Regs. tit. 9 § 581-4.12
Current through Register Vol. 46, No. 25, June 18, 2024
(a) Except as provided below, a hearing officer must not communicate, directly or through a representative, with any person in connection with any issue that relates in any way to the merits of the hearing without providing notice and an opportunity for all parties to participate.(b) A hearing officer may consult on questions of law or procedure with any agency staff provided such staff have not been engaged in investigative or prosecutorial functions in connection with the adjudicatory hearing under consideration or a factually related adjudicatory hearing.(c) A hearing officer may communicate with any person on ministerial matters, such a scheduling or the location of a hearing.(d) Parties and their attorneys must not communicate with the hearing officer or the agency, or any person advising or consulting or eligible to advise or consult with the hearing officer or agency, in connection with any issue without providing proper notice to all other parties.N.Y. Comp. Codes R. & Regs. Tit. 9 § 581-4.12