N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-1.6

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

Section 82-1.6 - Appointment of hearing officer and notice of prehearing conference

(a) Forthwith after receipt of notification of the need for a hearing, the commissioner shall notify the association, obtain a list of potential hearing officers, together with relevant biographical information, and send a copy thereof to the attorneys representing the employing board and employee, or to the employee if he or she is not so represented. Such list shall consist of individuals selected by the association who are qualified to serve as hearing officers. To be qualified to serve as a hearing officer, an individual shall:

(1) be on the association's panel of labor arbitrators;

(2) be a resident of New York or an adjoining state;

(3) be willing to serve under the conditions imposed by Education Law, section 3020 -a and this Subpart; and

(4) not be ineligible to serve in the particular hearing pursuant to Education Law, section3020 -a(3)(i).

(b) Within 15 days after receiving the list of potential hearing officers, the parties or their agents or representatives shall by agreement select a hearing officer and each party shall notify the commissioner thereof.

(c) If the parties fail to notify the commissioner of a selection within the 15 day time period prescribed by subdivision (b) of this section, the commissioner shall appoint a hearing officer from the list. The provisions of this subdivision shall not apply in cities with a population of one million or more with alternative procedures specified in section 3020 of the Education Law.

(d) The commissioner shall notify the hearing officer selected pursuant to subdivision (b) or (c) of this section, and confirm his or her acceptance of such selection.

(e) The hearing officer shall contact the parties and, within 10 to 15 days of receipt of notice from the commissioner confirming his or her acceptance of a selection to serve as hearing officer, hold a prehearing conference.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-1.6