N.Y. Comp. Codes R. & Regs. tit. 9 § 169.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 169.5 - Rights of parties

(a) The revocation hearing shall be held within 20 days from the date that the releasee is taken into custody and within 20 days of mailing the notice of hearing to the releasee where the releasee is not taken into custody, subject to the authority of the hearing officer to grant reasonable adjournments.

(b) The hearing shall be presided over by a hearing officer who shall be an attorney employed by the division exclusively to conduct hearings for the division.

(c) The releasee shall have the right to legal counsel at the hearing.

(d) The office of counsel of the Division for Youth shall act as agency representative at the hearing.

(e) Notification of hearing date. At least five days prior to the date of hearing, notice shall be given to the parties and representatives by the hearing officer, including: the releasee, the releasee's attorney, and the parents of the releasee. The notice to the parties shall inform them:

(1) of the date and place of hearing

(2) of the name and address of the hearing officer who will conduct the hearing

(f) Opportunity shall be afforded the releasee or his attorney, upon request, to examine copies of documentary evidence in the possession of the division which the division plans to introduce at the hearing.

(g) The following persons may be present at the hearing: the releasee, his parents or lawful guardian, his legal counsel, counsel for the division, witnesses of both parties and any who may be called by the hearing officers, representatives of the division and other persons may be admitted by the hearing officer in his discretion.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 169.5