N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 581-4.10

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

Section 581-4.10 - Discovery

(a) There shall be full and complete discovery within the guidelines of this section.

(b) A party, upon receipt of notice to produce documents and materials from any other party, shall furnish all such requested items relevant to the proceeding within 10 days of the date of such notice, or within such other period as a hearing officer shall direct.

(c) Depositions and written interrogatories will only be allowed with permission of the hearing officer upon a finding that they are likely to expedite the proceeding. Bills of particulars are not permitted.

(d) A party who is served with a notice to produce documents and materials may move for a ruling from the hearing officer denying or modifying such notice within 10 days of the date of the notice and shall specify his objections thereto. Such ruling may also be made by the hearing officer on his own initiative. Any such ruling shall be designed to avoid unnecessary delay of the hearing or to prevent unreasonable annoyance, expense, embarrassment, or prejudice to any party.

(e) If a party fails to comply with a discovery demand without having made a timely objection, the proponent of the discovery demand may apply to the hearing officer to compel disclosure. If a party fails to comply with the ruling of a hearing officer compelling discovery, the agency may accept as correct the allegations of fact made by the opposing party as to which the undisclosed material would be relevant as evidence.

(f) Subpoenas may be issued consistent with article 23 of the Civil Practice Law and Rules as follows:

(1) any attorney of record in a hearing has power to issue subpoenas as provided by that article;

(2) a party not represented by an attorney admitted to practice in New York may request the hearing officer to issue a subpoena, stating the items or witnesses needed by the party to present its case;

(3) service of a subpoena is the responsibility of its sponsor; and

(4) all subpoenas shall give notice that the hearing officer may quash or modify the subpoena pursuant to the standards set forth under that article.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 581-4.10