N.Y. Comp. Codes R. & Regs. tit. 2 § 317.6

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

Section 317.6 - Scheduled hearings and adjournment requests at a hearing

(a) The applicant and party other than the retirement system shall present its case at the initial hearing.

(1) In the event that a witness or evidence is not available at the time a hearing is scheduled, the applicant shall request an adjournment before the hearing as provided in section 317.5 of this Part.

(2) The hearing officer may in his or her discretion, and upon motion by the applicant or party, grant a continuance for additional witnesses to testify.

(i) The applicant or party granted the continuance must advise the retirement system within 45 days of the availability of the additional expert witness or the applicant or party's case will be deemed closed.

(ii) In the event that the retirement system is unable to schedule a hearing based on the availability dates provided by the applicant or other party, the retirement system will provide a written or electronic request for additional dates of availability.

(iii) The hearing officer has the discretion during a hearing to grant an adjournment of a hearing for cause, as defined by section 317.5(e)(1) of this Part.

(b) The applicant or party other than the retirement system may waive appearance at the hearing.

(1) Written or electronic requests to waive appearance must be received by the retirement system at least three business days prior to the scheduled hearing.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 317.6

Amended New York State Register April 24, 2019/Volume XLI, Issue 17, eff. 4/24/2019