N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-3.12

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

Section 82-3.12 - Reimbursable hearing expenses

(a) The commissioner shall compensate the hearing officer with the customary fee paid for service as an arbitrator for each day of actual service plus necessary travel and other reasonable expenses incurred in the performance of his her duties. Actual service shall be reimbursed in accordance with the maximum rates of compensation of hearing officers as set forth in a schedule prescribed by the Commissioner. Necessary travel and other related reasonable expenses shall be reimbursed in accordance with the rules and limits on travel applicable to State employees.

(b) Any late cancellation fee charged by the hearing officer shall be paid by the party or parties responsible for the cancellation.

(c) A day of actual service is defined as seven (7) hours of hearing time or study, time exclusive of meal breaks, prorated to the nearest 1/10th of an hour.

(d) Charges for hearing time will be reimbursed only for the actual time spent in hearing.

(e) A hearing officer shall not be reimbursed for more than a certain amount of study hours, as prescribed by the Commissioner. Study time is defined as all other administrative tasks, such as hearing preparation, phone calls, correspondence, evidence review and decision writing. Except as provided for herein, charges for study time shall not be in excess of actual time spent on the hearing, prorated to the nearest 1/10th of an hour up to a maximum established by the Commissioner. If a hearing officer requires more than the maximum study time for a particularly complex matter, the hearing officer can make an application to the Commissioner for additional reimbursement. In situations where good cause substantiates additional study time, as determined by the Commissioner, such applications will be granted.

(f) Additional hearing costs, other than facilities costs, incurred to make a reasonable accommodation to an employee or a witness based on such individual's disability, including but not limited to the retention of a qualified interpreter for the deaf or hearing impaired, shall be paid by the Commissioner. Except as otherwise provided in this Subpart, any other additional hearing costs shall be paid by the board.

(g) No payments shall be made by the Department if they are on a claim submitted later than one year after the final disposition of the hearing by any means, including settlement; provided that no payment shall be barred or reduced where such payment is required as a result of a court order or judgement or a final audit.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-3.12

Adopted New York State Register December 2, 2015/Volume XXXVII, Issue 48, eff. 12/2/2015