N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-8.9

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-8.9 - Ex parte rule

(a) Except as provided below, an ALJ shall not directly or through a representative, communicate with any person in connection with any issue that relates in any way to the merits of the proceeding without providing notice and an opportunity for all parties to participate.

(b) An ALJ may consult on questions of law or procedures with supervisors or other staff in the Office of hearings, provided that such supervisors or staff have not been engaged in investigative or prosecutorial functions in connection with the adjudicatory proceeding under consideration or a factually related adjudicatory proceeding.

(c) An ALJ and the Chief ALJ may communicate with any person on ministerial matters, such as scheduling or the location of a hearing.

(d) Parties or their representatives shall not communicate with the ALJ, the Chief ALJ or the Executive Director, or any person advising or consulting with any of them, in connection with any issue without providing proper notice to all the other parties.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-8.9

Transferred from 900-8.9 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024