N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 581-4.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 581-4.8 - Powers of the hearing officer

The hearing officer shall conduct the hearing in a fair and impartial manner. The hearing officer shall have the power to take the following actions:

(a) rule upon procedural motions and requests;

(b) set the time and the place of the hearing and any recesses and adjournments;

(c) administer oaths and affirmations;

(d) regulate discovery as reasonable and necessary to promote full disclosure and administrative efficiency;

(e) issue subpoenas requiring the attendance and testimony of witnesses and the production of records and other evidence upon request of a party not represented by counsel admitted to practice in New York State;

(f) upon the request of a party, quash and modify subpoenas except that in the case of a non-party witness the hearing officer my quash or modify a subpoena regardless of whether or not a party has so requested;

(g) summon and examine witnesses;

(h) admit or exclude evidence;

(i) take official notice of all facts of which judicial notice could be taken and of facts within the specialized knowledge of the agency;

(j) hear oral argument on facts and law so long as it is recorded;

(k) direct the convening of any conference required for administrative efficiency;

(l) preclude irrelevant or unduly repetitious, tangential or speculative testimony or argument;

(m) limit the length of cross-examination, length of briefs and similar matters;

(n) do all acts and take all measures necessary for the maintenance of order and efficient conduct of the hearing;

(o) act as custodian of hearing exhibits until such time as the hearing record is forwarded to the agency;

(p) prepare a hearing report if requested; and

(q) exercise any other authority available to presiding officers under article 3 of SAPA.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 581-4.8