N.Y. Comp. Codes R. & Regs. tit. 16 § 12.7

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

Section 12.7 - Rights of parties

(a) Informal hearing rights. The parties to an informal hearing shall have the following rights:

(1) To represent themselves or to be represented by counsel or other person of their choice. At the request of a customer, the commission's Office of Consumer Services may assign an advocate, free of charge, if available, to assist the customer in preparing and presenting his or her complaint during an informal hearing.

(2) To examine the documents in the complaint file before the informal hearing.

(3) To have a reasonable opportunity during an informal hearing to present evidence and arguments concerning the complaint, and to challenge the evidence of and question the other party.

(4) To have the commission tape-record the hearing, with the consent of the customer. The commission will retain such tape for at least four months after the complaint is closed. The hearing officer shall inform the parties that either party may review the recording at the commission office or make a copy of the tape at his or her own expense.

(5) To have an interpreter at the hearing. If the party in need of such services is unable to obtain an interpreter, the commission will provide an interpreter where feasible, provided that the customer makes the request at least five days before the hearing.

(6) To request that information relevant to the complaint possessed by the other party be provided. The request can be made directly or through the hearing officer.

(b) Informal review rights. The parties to an informal review shall have the following rights:

(1) To present evidence and written arguments concerning the complaint. At the request of a customer, the commission's Office Consumer Services may assign an advocate, free of charge, if available, to assist the customer in preparing his or her submission for the informal review.

(2) To examine the documents in the complaint file.

(3) To examine the evidence and arguments submitted by the other party and to submit a response to the evidence and arguments of the other party.

(4) To request the information relevant to the complaint possessed by the other party be provided. The request can be made directly or through the hearing officer.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 12.7