N.Y. Comp. Codes R. & Regs. tit. 9 § 169.6

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

Section 169.6 - Conduct of hearing

(a) The hearing officer shall preside. He shall make an opening statement describing the nature of the proceeding, the issues and the manner in which the hearing will be conducted.

(b) The hearing officer shall have all the powers conferred by law and regulations of the division to acquire attendance of witnesses and the production of books and records and to administer oaths and to take testimony.

(c) The hearing officers shall conduct an impartial hearing.

(d) Technical rules and evidence followed in a court of law shall not apply, but evidence must be relevant and material.

(e) Each party has a right to be represented by counsel, or other representative, to testify, to produce witnesses to testify, to offer documentary evidence, to examine opposing witnesses to the extent necessary to assure that the hearing officer is accurately informed of the fact, to offer evidence in rebuttal and to examine any documentary evidence offered by the other party.

(f) The hearing officer may, in his discretion, order the removal of any person present at a hearing when the presence of that person interferes with the orderly conduct of the hearing.

(g) The hearing may be adjourned by the hearing officer for good cause on his own motion or at the request of either party.

(h) A verbatim record of the hearings shall be made.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 169.6