N.Y. Comp. Codes R. & Regs. tit. 14 § 831.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 831.3 - Rights of parties

(a) Each party shall have the right to be represented by counsel.

(b) Upon request of any party, the Hearing Officer may permit discovery which shall be limited to the production of documents and other tangible things.

(c) Any party may request that the Hearing Officer recuse themself from the proceeding when the party believes that the Hearing Officer has a conflict of interest which would render them unable to provide a fair and impartial recommendation to the Commissioner. The Hearing Officer's recusal determination shall be final. If a Hearing Officer recuses themself, the Commissioner shall appoint a new Hearing Officer and promptly reschedule the hearing.

(d) Each party shall have the right to present evidence and cross-examine witnesses.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 831.3

Amended, New York State Register January 29, 2014/Volume XXXVI, Issue 4, eff. 1/29/2014

Amended New York State Register October 30, 2019/Volume XLI, Issue 44, eff. 10/30/2019