N.Y. Comp. Codes R. & Regs. tit. 6 § 622.6

Current through Register Vol. 46, No. 43, October 23, 2024

Section 622.6 - General rules of practice

(a) 'Service of papers.'

(1) CPLR 2103 governs service of papers except that papers may be served by a party and service upon respondent's duly authorized representative may be made by the same means as provided for service upon an attorney. Notwithstanding any other rule to the contrary, service may be made by transmission of papers by electronic transmission, such as email or facsimile, if agreed to in advance by the parties or authorized by the ALJ.

(2) Any required filing or proof of service must be filed with the Office of Hearings and Mediation Services.

(3) When service of motion papers by electronic transmission, such as facsimile or email, is agreed to in advance by the parties or authorized by the ALJ, the ALJ may direct the parties to send a copy of the papers transmitted electronically to the recipient by first class mail.

(b) 'Computation of time limits.'

(1) The rules of General Construction Law sections 20 and 25-a govern the computation of time limits.

(2) If a period of time prescribed under this Part is measured from the date of service of a paper or the date of the issuance of a ruling, decision or other communication instead of the date of service,

(i) five (5) days is added to the prescribed period if service or issuance is by first class mail;

(ii) one (1) day is added to the prescribed period if service or issuance is by overnight delivery;

(iii) if service or issuance is by facsimile transmission only, as agreed to or authorized pursuant to paragraph (a)(1) of this section, the service is complete upon the receipt by the sender of a signal from the equipment of the party served that the transmission was received; and

(iv) if service or issuance is by email only, as agreed to or authorized pursuant to paragraph (a)(1) of this section, the service is complete upon transmission. Service by email is not complete upon transmission if the serving party receives notification that the papers sent by email did not reach the person to be served.

(c) 'Motion practice.'

(1) Motions and requests made at any time must be part of the record. Motions and requests made prior to the hearing must be in writing. All motion papers must be filed by personal delivery or first class mail with the ALJ, together with proof of service of the motion on all parties. In addition to filing by personal delivery or mail, an ALJ may authorize the parties to file additional copies of motions by electronic means. During the course of the hearing, motions may be made orally except where otherwise directed by the ALJ. If no ALJ has been assigned to the proceeding, the motion must be filed by personal delivery or first class mail with the Chief ALJ.

(2) Every motion must clearly state the relief requested, and the legal arguments and any facts upon which the motion is based. The motion must also include other supporting materials upon which the motion is based.

(3) All parties have five (5) days after a motion is served to serve a response. Thereafter, no further responsive papers will be allowed without permission of the ALJ. All responsive papers must be filed by personal delivery or first class mail with the ALJ, together with proof of service on all parties. An ALJ may authorize the parties to file additional copies of the responsive papers by electronic means.

(4) The ALJ should rule on a motion within five (5) days after a response has been served or the time to serve a response has expired. The ALJ must rule on all pending motions prior to the completion of testimony. Any motions not ruled upon at that time will be deemed denied.

(5) Where a standard of review applicable to a motion or request is not otherwise provided for in this Part, other sources of standards, including statutory law such as SAPA and the CPLR, case law, and administrative precedent, may be consulted.

(d) 'Office of Hearings and Mediation Services.'

(1) Prior to the appointment of an ALJ to hear a particular proceeding, the Chief ALJ may take any action which an ALJ is authorized to take.

(2) The Chief ALJ may establish a schedule for hearing pretrial motions and other matters for proceedings that have no assigned ALJ.

(e) 'Interlocutory Appeals.' The time periods for interlocutory appeals filed pursuant to paragraph 622.10(d)(2) of this Part are as follows:

(1)

(i) Interlocutory appeals pursuant to subparagraph 622.10(d)(2)(i) of this Part must be filed with the commissioner c/o the deputy commissioner for hearings and mediation services in writing within ten (10) days of the disputed ruling. All parties have ten (10) days after a notice of interlocutory appeal is served to serve a response to the appeal. The parties must file one original and three copies of any papers filed pursuant to this subparagraph.

(ii) Motions for permission to appeal pursuant to 622.10(d)(2)(ii) of this Part must be filed with the commissioner c/o the deputy commissioner for hearings and mediation services in writing within ten (10) days of the disputed ruling. All parties have ten (10) days after a motion for permission to appeal is served to serve a response to the motion. The parties must file one original and three copies of any papers filed pursuant to this subparagraph.

(2) Upon being granted permission to appeal, appellant must file and serve the appeal in writing within ten (10) days of permission being granted. Thereafter the other parties may file a response in support of or in opposition to the appeal within five (5) days of service of the appeal.

(f) All rules of practice involving time periods may be modified by direction of the ALJ or commissioner and, for the same reasons, any other rule may be modified by the commissioner upon recommendation of the ALJ or upon the commissioner's own initiative.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 622.6

Adopted New York State Register September 16, 2020/Volume XLII, Issue 37, eff. 9/16/2020

Amended New York State Register August 21, 2024/Volume XLVI, Issue 34, eff. 8/21/2024