N.Y. Comp. Codes R. & Regs. tit. 9 § 4550.7

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

Section 4550.7 - Disqualification of hearing officer

(a) A party may request the removal of a hearing officer by filing an affidavit of personal bias or disqualification with the commission. The affidavit shall state the specific reasons why the hearing officer should no longer preside over the case under consideration. The commission shall determine the matter as part of the record of such case, and the hearing may continue during the time that the commission considers the request for removal of the hearing officer. A party must file said motion within 48 hours of the date when the party knew or should have known of the basis for disqualification.

(b) Whenever a hearing officer is disqualified or it becomes impracticable for the hearing officer to continue the hearing, another hearing officer may be designated to continue with the case unless it is shown that substantial prejudice to the party will result.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4550.7