N.Y. Comp. Codes R. & Regs. tit. 5 § 13.10

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

Section 13.10 - The hearing officer

(a) No hearing officer shall preside who has any bias with respect to any matter involved in the hearing. No hearing officer shall communicate, directly or indirectly, in connection with any issue that relates in any way to the merits of a hearing pending before the hearing officer with any person except upon notice and opportunity for all parties to participate. A hearing officer may consult on questions of law with supervisors or agency attorneys, provided that such supervisors, or attorneys have not been engaged in investigative or prosecuting functions in connection with the hearing under consideration or a factually related hearing. A hearing officer may also consult with supervisors, support staff or court reporters on ministerial matters such as scheduling or the location of a hearing. Any party may file in good faith with the Department of Economic Development a request, together with a supporting affidavit, that a hearing officer be removed on the basis of personal bias or other good cause.

(b) The hearing officer shall conduct the hearing in a fair and impartial manner.

(c) The hearing officer shall have the power to:

(1) rule upon requests, including, but not limited to, all requests for adjournments;

(2) set the time and place of the hearing;

(3) administer oaths and affirmations;

(4) issue subpoenas requiring the attendance and testimony of witnesses and the production of books, records, contracts, papers and other evidence;

(5) summon and examine witnesses, including, but not limited to, the authority to direct a party, without necessity of subpoena, to appear and to testify;

(6) admit or exclude evidence;

(7) limit the number of times any witness may testify, repetitious examination or cross- examination, and the amount of corroborative or cumulative testimony;

(8) hear argument on facts or law;

(9) order the parties to appear for a prehearing conference to consider matters which may simplify the issues or expedite the proceeding;

(10) order that opening statements be made; and

(11) do all acts and take all measures necessary, but not otherwise prohibited by this Part, for the maintenance of order and the efficient conduct of the hearing.

(d) The hearing officer shall not have the power to:

(1) remove testimony from the transcript by deletion, expungement or otherwise; and

(2) dismiss the charges unless otherwise authorized by the administrative tribunal.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 13.10