N.Y. Comp. Codes R. & Regs. tit. 9 § 52.8

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

Section 52.8 - Evidence

(a) The rules of evidence governing proceedings in the courts of the State shall not be rigidly enforced in hearings and interviews before the Authority, and unless objection is made and duly noted in the stenographic record, all evidence appearing in the stenographic record shall be deemed to have been validly introduced for the consideration of the Authority.

(b) The introduction of cumulative evidence shall be avoided and the commissioner may limit the testimony of any witness which he judges to be merely cumulative; however, the party offering such testimony may make a short avowal of the testimony which would be given and if the witness asserts that such avowal is true, this avowal shall be made a part of the stenographic record.

(c) Upon due application to the commissioner in charge prior to the determination of the Authority, the hearing may, in the discretion of the commissioner, be reopened for the presentation of new evidence. Such application must set forth concisely the nature of the new evidence. The Authority may, on its own motion, reopen a hearing or interview for the presentation of new evidence.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 52.8