N.Y. Comp. Codes R. & Regs. tit. 12 § 65.42

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

Section 65.42 - Duties and powers of Board members

The Board by one or more of its members shall have the following duties and powers:

(a) to conduct any investigation ordered by the Board;

(b) to report findings of investigations to the Board;

(c) to examine and receive any document or other evidence which is deemed pertinent, relevant or necessary to an investigation;

(d) to record the testimony of any such witness, or to obtain from such witness a written statement, under oath or affirmation, on matters pertinent, relevant or necessary to an investigation;

(e) to take affidavits;

(f) to hold conferences for the settlement or simplification of the issues, on consent of the parties, and to report thereon, with recommendations, to the Board;

(g) to hold and conduct a hearing, when ordered by the Board, relating to any matter pertaining to the Board's exercise of its functions;

(h) to issue subpoenas for and compel the attendance of witnesses and the production of books, contracts, documents and other evidence;

(i) to rule upon petitions to revoke, amend or modify subpoenas or subpoenas duces tecum, subject to confirmation by the Board;

(j) to administer oaths and affirmations;

(k) to call, examine and cross-examine witnesses;

(l) to receive offers of proof, to receive evidence and testimony, and to receive any objections to such offers of proof, or evidence and testimony, at or during any hearing;

(m) to rule upon offers of proof and receive relevant evidence, subject to confirmation by the Board;

(n) to dispose of procedural requests or similar matters;

(o) to allow any petition, answer or other document in any proceeding to be supplemented, amended or corrected, provided that such change does not operate to prejudice a party's cause or unduly broaden or alter the issues of a proceeding;

(p) to regulate, in any manner, the course of the hearing, subject to confirmation by the Board; and

(q) to continue an investigation or hearing from day to day or adjourn same to a later date or to a different place by announcement thereof at the hearing or by other notice.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 65.42

Adopted New York State Register March 30, 2022/Volume XLIV, Issue 13, eff. 3/30/2022