N.Y. Comp. Codes R. & Regs. tit. 9 § 525.8

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

Section 525.8 - Hearings

(a) The claimant may be present at the hearing and shall be allowed to present testimony or cross-examine witnesses in person or by counsel, or shall otherwise make him or herself available in a manner prescribed by the office to receive such evidence.

(b) The claimant shall have the burden of proof. The parties or their counsel shall be allowed a reasonable time for presentation of oral argument and/or for the filing of briefs or other statements or dispositions as to the facts or the law.

(c) The office may receive as evidence any statement, document, information or matter that it finds in its discretion is relevant and of such a nature as to afford the parties a fair hearing. The office may also accept hospital records and reports and physician's reports as proof of the injury sustained, without requiring the presence of the attending physician at the hearing.

(d) The office may direct medical examination of the claimant or victim by a physician designated by the office for this purpose. The claimant or victim shall present him or herself to the physician named at the time and place designated. A written report of such examination shall be filed by the examining physician with the office and a copy mailed to the claimant or his or her attorney. The physician's fee shall be paid by the office. The failure of the claimant or victim to appear at the time of the scheduled medical examination shall result in an amended decision to be issued to the claimant reflecting an overpayment in the amount of the physician's fee incurred by the office, unless the office, for good cause shown, finds the failure to appear at such medical examination to have been justified.

(e) All hearings shall be conducted in an orderly manner in order to ascertain the substantial rights of the parties. All witnesses shall testify under oath (or by affirmation) and a record of the proceedings shall be made. The office may examine the claimant and all witnesses. The office shall not be bound by common law or statutory rules of evidence, or by technical or formal rules for procedure.

(f) Hearings may be adjourned on motion of the office. The failure of the claimant to appear at the time of the hearing may, in the discretion of the office, upon good cause shown, be excused.

(g) Claimant hearings shall be confidential pursuant to section 633 of the Executive Law.

(h) Prior to decision by the office, on application of the claimant or his or her attorney in writing or upon motion of the office, the case may be reopened for consideration of further payment or reinvestigated to facilitate the determination of a decision under review and, if the office finds it necessary, it may request further information or testimony from the claimant or other interested persons.

(i) A hearing shall be held at a place and time designated by the office.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 525.8