N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-1.8

Current through Register Vol. 46, No. 53, December 31, 2024

Section 175-1.8 - Conduct of transfer hearing

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

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

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

(d) Technical rules of 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 facts, 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 transfer hearing when the presence of that person interferes with the orderly conduct of the transfer hearing.

(g) The transfer 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 transfer hearing shall be made.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-1.8