N.Y. Comp. Codes R. & Regs. tit. 9 § 581-4.14

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

Section 581-4.14 - Conduct of the hearing

(a) The hearing officer shall set the time, date and place of a hearing brought pursuant to this Subpart at the request of the executive director.

(b) The hearing officer shall notify the parties in writing of the time and place for the hearing.

(c) After a date has been set for the hearing, adjournments may be arranged by agreement of the parties or will otherwise be granted only for good cause and with the permission of the hearing officer. Except for adjournments by agreement, a request for an adjournment prior to commencement of the hearing must be in writing and filed with the hearing officer and all parties. Adjournments must specify the time, day and place when the hearing will resume or specify the time and day on which the parties will advise the hearing officer of the status of the case.

(d) The hearing officer will determine the sequence in which the issues will be tried and otherwise regulate the conduct of the hearing in order to achieve an efficient and fair disposition of the matters at issue.

(e) If requested by the parties or the hearing officer at the concluding session of the hearing, the parties shall have the opportunity to submit briefs on a schedule set by the hearing officer.

(f) At the concluding session of the hearing, the hearing officer shall set a date for the closure of the hearing record.

(g) At any time before the close of the hearing record, the hearing officer may reopen the record and/or the hearing to consider significant new evidence.

(h) The hearing officer shall submit the hearing record to the agency within 15 days of the close of the hearing record, unless a hearing report is requested, in which case the hearing officer shall submit the hearing record to the agency within 45 days of the close of the record.

(i) After the close of the hearing record but prior to the issuance of any final determination, the agency may direct the reopening of the record and/or the hearing to consider significant new evidence upon a showing that the new evidence could affect the agency's determination and that there is a justifiable excuse why the evidence was not produced prior to the close of the hearing record.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 581-4.14