N.Y. Comp. Codes R. & Regs. tit. 9 § 4550.6

Current through Register Vol. 46, No. 50, December 11, 2024

Section 4550.6 - Hearing officer

(a) The chair shall assign the hearing officer.

(b) All hearings shall be conducted by the hearing officer who shall have the powers and authority of presiding officers or hearing officers as defined by section 303 of the State Administrative Procedure Act (SAPA), any other pertinent statute, and these regulations.

(c) A hearing officer is authorized to:

(1) administer oaths or affirmations;

(2) issue subpoenas in the name of the commission, at the request of any party or the direction of the commission, requiring attendance and testimony by witnesses and/or the production of books, papers, documents and other evidence. Subpoenas shall be regulated by the Civil Practice Law and Rules. Nothing herein contained shall affect the authority of an attorney for a party to issue subpoenas under the provisions of the Civil Practice Law and Rules;

(3) regulate the course of the hearings, set the time and place for continued hearings and determine the time for filing of briefs and other documents;

(4) direct the parties to appear and confer to consider the simplification or settlement of the issues by consent of the parties; and

(5) examine and call witnesses.

(d) If so directed in the assignment of the chair, the hearing officer shall prepare findings of fact and make recommendations to the commission.

(e) The report of the hearing officer shall be based upon the testimony, briefs and exhibits received at the hearing. The report shall be in the form of a written recommendation to the commission and shall be filed with the secretary to the commission together with the record of the proceeding.

(f) Unless otherwise authorized by law and except as provided in subdivision (g) of this section, a hearing officer shall not communicate, directly or indirectly, in connection with any issue that relates in any way to the merits of an adjudicatory proceeding pending before the hearing officer with any person except upon notice and opportunity for all parties to participate.

(g) A hearing officer may consult on questions of law with supervisors, agency attorneys or other hearing officers, provided that such supervisors, hearing officers or attorneys have not been engaged in investigative or prosecuting functions in connection with the adjudicatory proceeding under consideration or a factually related adjudicatory proceeding. Hearing officers may also consult with supervisors, other hearing officers, support staff or court reporters on ministerial matters such as scheduling or the location of a hearing. The chair shall strictly enforce the prohibition set forth herein and in subdivision (f) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4550.6